According to the Vienna Convention, the ordinary meaning of the terms of
the treaty should be interpreted in good faith in their context§ The context of a
treaty includes its text, preamble and annexes. As is demonstrated below, the
text of both the Convention and the Protocol support an interpretation of 9(4)
that includes a strong transnational duty to prevent human trafficking in
countries of origin.
The Convention also creates mandatory transnational obligations on States
Parties to address the factors that render socially marginalized groups vulnerable
to exploitation by organized crime. Further, an examination of the language of
other provisions of the Protocol supports this paper's interpretation of 9(4). The
verbiage used in 9(4) resembles the strong obligatory language in the provisions
requiring criminalization of trafficking, increased cooperation at borders and
information exchange. These provisions are at the very heart of the Protocol. It is
argued herein that similar language in 9(4) supports the interpretation that
transnational prevention was also intended to create strong, mandatory, and
positive obligations for States Parties under the Protocol.