The United Nations Convention against Transnational Organized Crime 20 Years from Its Adoption

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.

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.


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.


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