scholarly journals The Creation of a Review Mechanism for the UN Convention Against Transnational Organized Crime and Its Protocols

2020 ◽  
Vol 114 (1) ◽  
pp. 51-67
Author(s):  
Cecily Rose

In November 2000, the United Nations General Assembly adopted the United Nations Convention Against Transnational Organized Crime (UNTOC or Convention) and its three protocols on human trafficking, migrant smuggling, and firearms. These instruments are the product of three years of diplomatic negotiations, and they represent a substantial contribution to international lawmaking in the area of transnational criminal law. UNTOC has attracted almost universal participation, with 190 states parties at present. Nearly two decades after the adoption of these instruments, however, remarkably little is known about whether states parties have implemented UNTOC and its protocols in their national legislation, whether they enforce such legislation, and whether they make use of UNTOC's provisions concerning international cooperation (e.g., extradition and mutual legal assistance). In other words, the influence of these instruments in practice remains largely unknown.

2015 ◽  
Vol 54 (4) ◽  
pp. 747-757 ◽  
Author(s):  
Neale H. Bergman

On December 10, 2014, the United Nations General Assembly adopted the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention on Transparency, which was prepared by the United Nations Commission on International Trade Law (UNCITRAL). The Mauritius Convention is intended to provide states with an efficient mechanism for applying the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules) in investor-state arbitrations arising under investment treaties concluded before the Transparency Rules’ effective date of April 1, 2014. The Mauritius Convention was opened for signature on March 17, 2015, in Port Louis, Mauritius.


1998 ◽  
Vol 92 (1) ◽  
pp. 97-107 ◽  
Author(s):  
Stephen C. McCaffrey ◽  
Mpazi Sinjela

The Convention on the Law of the Non-Navigational Uses of International Watercourses was adopted by the United Nations General Assembly on May 21, 1997. It was negotiated in the Sixth (Legal) Committee of the General Assembly, convening for this purpose as a “Working Group of the Whole,” on the basis of draft articles adopted by the International Law Commission (ILC). The negotiations in the working group were open to participation by all UN member states, as well as states that are members of specialized agencies of the United Nations. The Convention is divided into seven parts containing thirty-seven articles: Introduction; General Principles; Planned Measures; Protection, Preservation and Management; Harmful Conditions and Emergency Situations; Miscellaneous Provisions; and Final Clauses. An annex sets forth procedures to be used in the event the parties to a dispute have agreed to submit it to arbitration. This Note will focus on key provisions of the Convention and on those that were the subject of controversy during the working group’s deliberations. It assumes that the reader has access to the text.


2021 ◽  
Vol 3 (2-3) ◽  
pp. 3-21
Author(s):  
Tania Bañuelos Mejía

Abstract In view of the approaching 20th anniversary, in 2020, of the adoption, by the General Assembly, of the United Nations Convention against Transnational Organized Crime, the present paper identifies and discusses the key strengths and achievements of this international legal instrument and challenges that lie ahead. The paper was written in the context of an academic seminar entitled The Palermo Convention against Transnational Organized Crime 2003–2018: Implementing the Treaty System organized by the University of Ferrara. The paper offers a reflection on what the Convention, the Conference of the Parties thereto, States parties themselves, and the Conference Secretariat have achieved in terms of implementation of the Convention, as well as some food for thought on remaining challenges in this regard.


2021 ◽  
pp. 002085232199756
Author(s):  
Julia Gray ◽  
Alex Baturo

When political principals send agents to international organizations, those agents are often assumed to speak in a single voice. Yet, various types of country representatives appear on the international stage, including permanent representatives as well as more overtly “political” government officials. We argue that permanent delegates at the United Nations face career incentives that align them with the bureaucracy, setting them apart from political delegates. To that end, they tend to speak more homogeneously than do other types of speakers, while also using relatively more technical, diplomatic rhetoric. In addition, career incentives will make them more reluctant to criticize the United Nations. In other words, permanent representatives speak more like bureaucratic agents than like political principals. We apply text analytics to study differences across agents’ rhetoric at the United Nations General Assembly. We demonstrate marked distinctions between the speech of different types of agents, contradictory to conventional assumptions, with implications for our understandings of the interplay between public administration and agency at international organizations. Points for practitioners Delegations to international organizations do not “speak with one voice.” This article illustrates that permanent representatives to the United Nations display more characteristics of bureaucratic culture than do other delegates from the same country. For practitioners, it is important to realize that the manner in which certain classes of international actors “conduct business” can differ markedly. These differences in tone—even among delegates from the same principal—can impact the process of negotiation and debate.


2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.


1953 ◽  
Vol 7 (2) ◽  
pp. 281-281

The Political Committee of the Arab League met in Cairo beginning December 20, 1952, under the chairmanship of Fathy Radwan (Egypt) to discuss questions relating to Palestine and north Africa. On December 25, the committee issued a statement approving the failure of passage in the United Nations General Assembly of the resolution adopted by the Ad Hoc Political Committee calling for direct negotiations between Israel and the Arab states. The committee condemned “the mere idea of an invitation to Arabs to negotiate with the Israelis” and expressed the hope “that there would be no repetition of these attempts”.


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