Q54 (IAS/2019) International Relations & Global Affairs › International Organisations & Groupings › International legal conventions Official Key

Consider the following statements : 1. The United Nations Convention against Corruption (UNCAC) has a 'Protocol against the Smuggling of Migrants by Land, Sea and Air'. 2. The UNCAC is the ever-first legally binding global anti-corruption instrument. 3. A highlight of the United Nations Convention against Transnational Organized Crime (UNTOC) is the inclusion of a specific chapter aimed at returning assets to their rightful owners from whom they had been taken illicitly. 4. The United Nations Office on Drugs and Crime (UNODC) is mandated by its member States to assist in the implementation of both UNCAC and UNTOC. Which of the statements given above are correct?

Result

Your answer: — · Correct: C

Explanation

The correct answer is option C (statements 2 and 4 only).

Statement 1 is incorrect because the Protocol against the Smuggling of Migrants by Land, Sea [3]and Air supplements the United Nations Convention against[2]Transnational Organized Crime (UNTOC), not UNCAC. These are two separate international legal frameworks.

Statement 2 is correct as UNCAC is indeed the only legally binding universal anti-corruption instrument[4], making it the first of its kind globally.

Statement 3 is incorrect because the documents provided do not contain information about a specific chapter on asset recovery in UNTOC. This provision is actually a feature of UNCAC, not UNTOC, representing a confusion between the two conventions.

Statement 4 is correct as the United Nations Office on Drugs and Crime serves as the secretariat[6] for UNCAC and provides technical assistance to States for implementation of these conventions[5], indicating its mandate to assist with both UNCAC and UNTOC implementation.

Therefore, only statements 2 and 4 are correct, making option C the right answer.

Sources

[1] https://www.unodc.org/documents/middleeastandnorthafrica/smuggling-migrants/SoM_Protocol_English.pdf
[2] https://www.unodc.org/documents/middleeastandnorthafrica/organised-crime/UNITED_NATIONS_CONVENTION_AGAINST_TRANSNATIONAL_ORGANIZED_CRIME_AND_THE_PROTOCOLS_THERETO.pdf
[3] https://www.unodc.org/documents/middleeastandnorthafrica/organised-crime/UNITED_NATIONS_CONVENTION_AGAINST_TRANSNATIONAL_ORGANIZED_CRIME_AND_THE_PROTOCOLS_THERETO.pdf
[4] https://www.unodc.org/corruption/en/uncac/learn-about-uncac.html
[5] https://www.unodc.org/documents/brussels/UN_Convention_Against_Corruption.pdf
[6] https://www.unodc.org/documents/treaties/UNCAC/Publications/LegislativeGuide/UNCAC_Legislative_Guide_E.pdf

How others answered

Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.

Community Performance

Out of everyone who attempted this question.

20%

got it right

Web / Current Affairs

Online pages / news items supporting the statement

Web source

Presence: 5/5

"PROTOCOL AGAINST THE SMUGGLING OF MIGRANTS BY LAND, SEA AND AIR, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME"

Why this source?

The passage explicitly names the instrument as supplementing the United Nations Convention against Transnational Organized Crime.
This indicates its parent convention is UNTOC, not the United Nations Convention against Corruption (UNCAC).

Web source

Presence: 4/5

"III. Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime"

Why this source?

The document index lists the protocol under the heading 'Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime'.
Reinforces that the protocol is connected to UNTOC rather than UNCAC.

Web source

Presence: 4/5

"In ratifying the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime"

Why this source?

Contains language stating the Protocol 'supplementing the United Nations Convention against Transnational Organized Crime' in the context of ratification/declarations.
Supports that the protocol is linked to UNTOC and not to the UNCAC.

Indirect textbook clues (5)

How books hint at the answer

Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 28: International Organisation and Conventions > Objective > p. 391

Strength: 5/5

“Is to contribute to ensuring an adequate level of protection in the field of the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health, and specifically focusing on transboundary movements. • The Cartagena Protocol on Biosafety is an additional agreement to the Convention on Biological Diversity. • The Protocol establishes procedures for regulating the import and export of LMOs from one country to another. All Rights Reserved. No part of this uaterial ma,v be reproduced in anVy tbrm or by anv neans, \\iithout Permission iu writing. ffi”

Why relevant

Shows the general pattern that named 'Protocols' (e.g., the Cartagena Protocol) are additional agreements explicitly attached to a particular parent convention.

How to extend

A student could check whether the Migrant Smuggling Protocol is explicitly described as an additional agreement to UNCAC in authoritative lists (similar to how Cartagena is tied to CBD).

Environment and Ecology, Majid Hussain (Access publishing 3rd ed.) > Chapter 5: Biodiversity and Legislations > cartagEna Protocol. > p. 10

Strength: 4/5

“Te Biosafety Protocol makes clear that products from new technologies must be based on the precautionary principle and allow developing nations to balance public health against economic benefts. Te Protocol promotes bio-safety by establishing rules and procedures for the safe transfer, handling and use of Living Modifed Organisms (LMOs). Parties to the Protocol must ensure that Living Modifed Organisms (LMOs) are handled, packaged and transported under conditions of safety. Furthermore, the shipment of Living Modifed Organisms (LMOs) subject to trans-boundary movement must be accompanied by appropriate documentation, specifying among other things, identity of Living Modifed Organisms (LMOs) and contact of further information.”

Why relevant

Explains the Cartagena Biosafety Protocol's role as a protocol that establishes rules and procedures under a specific convention, illustrating how protocols implement and extend a convention's scope.

How to extend

Use this pattern to look for official texts or UN pages stating the Migrant Smuggling Protocol's parent convention (if any) to see if it functions likewise under UNCAC.

Environment and Ecology, Majid Hussain (Access publishing 3rd ed.) > Chapter 5: Biodiversity and Legislations > Kyoto Protocol on clImatIc changE. > p. 7

Strength: 4/5

“Tis is a protocol to the 1992 UN Framework Convention on Climatic Change (UNFCCC). It was adopted in the conference at Kyoto (Japan) in 1997. Kyoto Protocol is a voluntary treaty signed by 141 countries including the European Union, Japan, and Canada. According to this Protocol, the developed industrialised countries are required to reduce emission of greenhouse gases by an average of 5.2 per cent below 1990 levels by 2012. Te Intergovernmental Panel on Climatic Change (IPCC) has predicted an average global rise in temperature of Earth from 1.4o C to 5.8o C between 1990 and 2100. If successfully implemented, the Kyoto Protocol will reduce that increase by somewhere 0.02o C and 0.28o C by the year 2050 (Nature, October 2003).”

Why relevant

Gives the Kyoto Protocol as an example of a protocol to the UNFCCC, reinforcing that protocols are commonly linked to particular UN conventions and named accordingly.

How to extend

Compare naming/placement conventions: check if the Migrant Smuggling Protocol is listed as a protocol to UNCAC as Kyoto is to UNFCCC.

Environment, Shankar IAS Acedemy .(ed 10th) > Chapter 28: International Organisation and Conventions > Nagoya-Kuala Lumpur Supplementary Frotocol > p. 392

Strength: 3/5

“• The Cartagena Protocol is reinforced by the Nagoya-Kuala Lumpur Supplementary protocol on Liability and Response. • The Supplementary Frotocol specifies response measures to be taken in the event of damage to biodiversity resulting from LMOs. • The competent authority in a party to the Supplementary Protocol must require the person in control of the LMO (operator) to take the response measures or it may implement such measures itself and recover any costs incurred from the operator.”

Why relevant

Describes a 'Supplementary Protocol' that reinforces a parent protocol, showing that international instruments have hierarchical relationships (convention → protocol → supplementary protocol).

How to extend

A student could search organizational hierarchies of instruments to see whether the Migrant Smuggling instrument sits under UNCAC or under a different convention/framework.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 35: TABLES > List I-Union List. > p. 549

Strength: 3/5

“12. United Nations Organi~ation. 13. Participation in international conferences. associations and other bodies and implementing of decisions made thereat. 14. Entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries. 15. War and peace. • 16. Foreign jurisdiction. 17. Citizenship. naturalisation and aliens. 18. Extradition. 19. Admission into and emigration and expulsion from India; passports and visas. 20. Pilgrimages to places outside India. 21. Pir.icies and crimes committed on the high seas or in the air; ofiences asa:inst the law of nations committed on land or the high seas or in the air.”

Why relevant

Notes the governmental power/role of 'entering into treaties and agreements' and 'United Nations Organisation', indicating that protocols are formal international treaties requiring explicit attribution to conventions or UN bodies.

How to extend

Use official treaty depositaries (UN Treaty Collection) or national treaty lists to verify whether the Migrant Smuggling Protocol is deposited as a protocol to UNCAC.

With reference to the United Nations Convention on the Law of Sea, consider the following statements : 1. A coastal state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baseline determined in accordance with the convention. 2. Ships of all states, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea. 3. The Exclusive Economic Zone shall not extend beyond 200 nautical miles from the baseline from which the breadth of the territorial sea is measured. Which of the statements given above are correct ?

With reference to the United Nations, consider the following statements : 1. The Economic and Social Council (ECOSOC) of UN consists of 24 member States. 2. It is elected by a 2/3 majority of The General Assembly for a 3-year term. Which of the statements given above is/are correct ?

Consider the following statements : 1. Recently, all the countries of the United Nations have adopted the first-ever compact for international migration, the 'Global Compact for Safe, Orderly and Regular Migration (GCM)'. 2. The objectives and commitments stated in the GCM are binding on the UN member countries. 3. The GCM addresses internal migration or internally displaced people also in its objectives and commitments. How many of the above statements are correct?

Consider the following statements : 1. The International Solar Alliance was launched at the United Nations Climate Change Conference in 2015. 2. The Alliance includes all the member countries of the United Nations. Which of the statements given above is/are correct?

Consider the following statements: 1. The Charter of the United Nations Organization was adopted at Geneva, Switzerland in June, 1945. 2. India was admitted to the United Nations Organization in the year 1945. 3. The Trusteeship Council of the United Nations Organization was established to manage the affairs of territories detached from Japan and Italy after the Second World War or such territories not under the control of a country at that time. Which of the statements is/are correct?

Question map

Explanation

PROVENANCE & STUDY PATTERN

SIMILAR QUESTIONS

With reference to the United Nations, consider the following statements : 1. The Economic and Social Council (ECOSOC) of UN consists of 24 member States. 2. It is elected by a 2/3 majority of The General Assembly for a 3-year term. Which of the statements given above is/are correct ?

Consider the following statements : 1. The International Solar Alliance was launched at the United Nations Climate Change Conference in 2015. 2. The Alliance includes all the member countries of the United Nations. Which of the statements given above is/are correct?