The particular interpretive query is: did States Parties intentionally sign
themselves up for mandatory transnational obligations to address the root causes of
human trafficking in countries of origin? This paper argues that the intention of
States Parties when using the language "take or strengthen measures through
bilateral or multilateral cooperation" was to create strong transnational
prevention obligations in countries of origin. In so arguing, this paper
encourages greater international attention be paid to the shared responsibility to
alleviate the root causes of trafficking.
Part II explains why prevention is considered the "end goal" of the fight
against human trafficking by politicians, human rights advocates and academics.
It goes on to explain what is meant by the "root causes" of trafficking, and what
those causes are. Part III outlines the two major frameworks being used to
understand and combat human trafficking: the law enforcement and human
rights frameworks. This Part explains the strengths and weaknesses of each
framework and posits why neither have focused on transnational prevention
obligations.
Part IV seeks to interpret paragraph 9(4) according to the interpretation
strategy set out in Articles 31 and 32 of the Vienna Convention of the Law of Treaties
(the "Vienna Convention")." The ordinary meaning of the paragraph is
interpreted in light of the Protocol's object and purpose, and in its textual
context. It also compares the language of the Protocol to the language regarding
international cooperation and prevention that is in the cornerstone human rights
treaties.