An appraisal of the review mechanism for the implementation of the United Nations Convention against Transnational Organized Crime

Abstract

The adoption of the 2000 United Nations Convention against Transnational Organized Crime (UNTOC), functioning as the principal international weapon in the fight against transnational organised crime (TOC), symbolises Member States' recognition of the gravity of this global phenomenon and a necessity to stimulate close international cooperation to fight it. Thus, this dissertation begins with an examination of the UNTOC's fundamental notion of TOC, focusing on how UNTOC regulates it by defining ‘organised criminal group’ (OCG). Studies of this definition's criticism suggest weaknesses, such as only serving the purpose of accommodating the UNTOC's articles on international cooperation. In this respect, this dissertation highlights the significance of the UNTOC's cooperative provisions. However, a lacuna concerning a lack of information regarding their implementation is identified. To effectively assess and address the implementation and compliance of the provisions of the UNTOC by ratifying States, a treaty monitoring body is required. The establishment of the UNTOC Review Mechanism in 2018, although representing a step in the direction, possesses various structural issues hampering the effectiveness of its review process. Subsequently, this dissertation thoroughly analyses the UNTOC Review Mechanism's main features and the effects of such features on its overall efficacy. Special attention is attributed to inspecting the Review Mechanism's opening principles and provisions in light of the space afforded to civil society participation during the review process. The dissertation also compares this Mechanism with other peer-review systems in the field of international law. Ultimately, influenced by the reluctance of a highly critical review mechanism by some States, results in a compromise presenting comparatively weak civil society involvement, which inter alia, is especially detrimental to its predicted legitimacy. Therefore, the dissertation concludes with recommendations that may possibility alleviate the institutional shortcomings of the UNTOC Review Mechanism.