Pablo Cortés · Edward Elgar Publishing eBooks · 2022
This chapter examines the scope of application of the Convention in two parts. The first part examines the settlement agreements that fall within the scope of the Convention, and to that end it examines the definition of mediation, the "in writing" requirement, the meaning of commercial disputes, and how the Convention defines international settlements. The second part discusses the settlements that are excluded from the scope of application, which are often cases where there is a significant asymmetry of power between the parties, namely consumer, family and employment cases. This part also examines the rationale behind the exclusion of settlements approved by a court or by an arbitral tribunal.
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Marika McAdam · Oxford University Press eBooks · 2023
Abstract This chapter examines Article 4 of the Smuggling of Migrants Protocol. The scope of application provision sets out that the Smuggling of Migrants Protocol applies to prevention, investigation, and prosecution of offences established in the Protocol, where such offences are transnational in nature and involve an organized criminal group. Its application to protection of the rights of smuggled people is not limited to those who have been smuggled transnationally by organized criminal groups. This provision firmly establishes the Protocol, alongside its sibling Protocols and parent Convention, as an instrument against transnational organized crime, not transnational irregular migration. Unlike its equivalent provision in the Trafficking in Persons Protocol, which refers to protection of ‘victims’ of that crime, the Smuggling of Migrants Protocol refers to the protection ‘of the rights of persons who have been the object of such offences’.
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Adam Fletcher · RMIT Research Repository (RMIT University Library) · 2013
A state is clearly not responsible for every act or omission which harms human rights, regardless of location. Therefore, it is necessary to examine the scope of application of a state's obligations under international human rights law. That is, when do human rights duties apply? This chapter first defines key concepts and identifies the duty-bearers and beneficiaries of human rights law. The it explains the instances in which a state will be held responsible for the actions or omissions of particular persons or entities. Finally, it addresses the scope of the territorial application of a state's human rights duties.
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Edward Elgar Publishing eBooks · 2025
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Mevorach, Irit · Warwick Research Archive Portal (University of Warwick) · 2025
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Francesco Calderoni · Oxford University Press eBooks · 2023
Abstract This chapter notes the scope of application of the United Nations Convention against Transnational Organized Crime (UNTOC) according to Article 3. It provides a wide framework for international cooperation against a variety of criminal acts. The wording of the provisions specifies that the treaty applies to the Convention's four established offences and serious crimes with transnational nature and involvement of an organized criminal group. However, the Convention does not provide any clarification on how to determine the involvement of an organized criminal group. Several delegations expressed their preference for a more explicit reference to terrorism within the scope of the Convention, but some States disagreed with the notion due to concerns of lacking definitions of terrorist crimes and the possible extension of the Convention to controversial issues.
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Marika McAdam · Oxford University Press eBooks · 2023
Abstract This chapter focuses on Article 4 of the Trafficking in Persons Protocol, which determines the activities and circumstances to which the Protocol applies. The Protocol applies to the prevention, investigation, and prosecution of trafficking in persons, as well as attempts, participation as an accomplice, and organizing and directing other persons, where the offences are transnational in nature and involve an organized crime group. The focus on transnational offences involving organized criminal groups stands to reason in light of the stated purpose of the Convention and its Protocols to promote international cooperation against organized crime. Article 34(2) of UNTOC states that offences should be established in domestic law independent of transnationality or the involvement of an organized crime group. Accordingly, neither transnationality nor the involvement of organized crime need to be proven to achieve a conviction for trafficking in persons.
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Gilles Cuniberti · Edward Elgar Publishing eBooks · 2022
This chapter offers a commentary of the general provisions of the UNCITRAL Model Law on International Commercial Arbitration. Article 1 defines its scope. Articles 2 and 2A provide certain definitions and rules of interpretation. Article 3 regulates receipt of written communications. Article 4 governs the waiver of right to object. Articles 5 and 6 establish a principle of limited curial intervention.
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Wouter Vandenhole, Gamze Erdem Türkelli, Sara Lembrechts · Edward Elgar Publishing eBooks · 2024
This chapter defines the personal scope of application of the CRC: who is a child for the purposes of the Convention? It clarifies that no minimum age has been set, and that the upper age limit of 18 is qualified by a reference to national legislation that provides for a lower age of majority. The chapter also discusses the issue of childhood more generally, as well as the differentiation between age groups.
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S. Bariatti, I. Viarengo, F.C. Villata et al. · 2017
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Sandesh Sivakumaran · Oxford University Press eBooks · 2012
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Christina Binder, Jane A. Hofbauer · Oxford University Press eBooks · 2019
Abstract This section is about Article 3 of the United Nations Convention Against Corruption (UNCAC), dealing with Scope of Application
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Hilton Staniland · ePrints Soton (University of Southampton) · 2009
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Bork, R., Veder, P.M. · Edward Elgar Publishing eBooks · 2025
Contains fulltext : 328857.pdf (Publisher’s version ) (Open Access)
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Edward Elgar Publishing eBooks · 2025
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Francesco Calderoni · Oxford University Press eBooks · 2023
Abstract This article defines the scope of the Firearms Protocol, which was considered one of the most hotly debated issues during the negotiations. It establishes the scope of the Protocol in relation to the prevention of the illicit manufacturing of and trafficking in firearms, their parts and components, and ammunition. It also mentions how the Protocol applies to the investigation and prosecution of offences that are transnational in nature and involve an organized criminal group. The article provides two grounds for exclusion from the scope of the Protocol. First, it excludes state-to-state transactions and second, it excludes state transfers in cases where the application of the Protocol would prejudice the right of a State Party to take action in the interest of national security consistent with the Charter of the United Nations.
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Wouter Vandenhole, Gamze Erdem Türkelli, Sara Lembrechts · Edward Elgar Publishing eBooks · 2019
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Steffen Hindelang · Oxford University Press eBooks · 2009
Abstract This chapter reviews the personal scope of application. As Article 56 (1) EC is directly effective in intra-Community and third-country contexts, beneficiaries can rely on it, in particular, in the courts of the Member States. The group of addressees, however, also extends to the Community itself and, under certain conditions, to private persons.
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Dominik Arncken · Nomos Verlagsgesellschaft mbH & Co. KG eBooks · 2025
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Björn Steinrötter, Lina Marie Schauer · Nomos Verlagsgesellschaft mbH & Co. KG eBooks · 2025
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