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Vol 22 No 9 Sept/Oct 2017

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Transnational Organised Crime in International Law


ISBN13: 9781841136905
Published: August 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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There is extensive and detailed academic literature on the legal development of international crimes such as war crimes and crime against humanity.

However, not much attention has been paid to other serious crimes, including narcotics-related offences, human trafficking and money laundering, which do not necessarily amount to international crimes in the traditional sense.

The purpose of this monograph is to fill this gap and offer a critical analysis of developments in the field of transnational organised crime under international law. The book is divided into two parts. Part I is entitled "Norms, Principles, and Concepts." It traces the history of organised crime and explores key concepts and norms relating to the practice from a multi-disciplinary perspective. It then looks at legal obligations imposed upon States as well as non-State actors in relation to transnational organised crime.

Part II illustrates how these norms, principles and obligations are translated and enforced in practice. This will be done through case studies at the level of national law (Thailand, Serbia and the UK), regional law (European Union) and international law (United Nations).

Subjects:
International Criminal Law
Contents:
1. Introduction
1.1 The Rise of Organised Crime
1.2 Contemporary Manifestation of Organised Crime
1.3 The Scope and Aim of This Book
Part I: Concepts, Norms and Principles
2. Understanding Organised Crime from a Multi-Disciplinary Perspective
2.1 Introduction
2.2 Concepts of Organised Crime from a Multi-disciplinary Perspective
2.2.1 Organised Crime as a Set of Actors
2.2.2 Organised Crime as a Set of Activities
2.3 Legal Defi nitions of Organised Crime in National and International Law
2.3.1 Defi nitions of Organised Crime in International Law
2.3.1.1 General Discussion
2.3.1.2 The Transnational Nature of Organised Crime
2.3.1.3 'Transnational'and 'International' Crime
2.3.2 Defi nitions of Organised Crime in National Law
2.4 Conclusions
3. Obligations of States under International Law
3.1 Introduction
3.2 The Nature and Extent of Obligations under International Law
3.2.1 Prohibition of Organised Crime and Associated Acts
3.2.2 Criminal Jurisdiction over Organised Crime
3.2.3 Special Investigative Techniques and Intelligence-Led Law Enforcement
3.2.4 Mutual Assistance in Criminal Matters
3.2.4.1 Extradition
3.2.4.2 Other Mutual Legal Assistance
3.2.5 Prevention of Organised Crime
3.3 Key Legal Challenges Facing Effective Implementation of Obligations
3.3.1 Periods of Limitations for Organised Crime
3.3.2 Immunity of Government Offi cials and Diplomats
3.3.3 Protection of Human Rights of Suspects/Defendants
3.4 Conclusions
4. The Role of Non-state Actors in Suppression and Prevention of Organised Crime
4.1 Introduction
4.2 The Role of Non-state Actors in Prevention and Suppression of Organised Crime
4.2.1 The Concept of Global Governance
4.2.2 Global Governance over Transnational Organised Crime
4.2.2.1 Decision-Making and Participation
4.2.2.2 Accountability
4.2.2.2.1 Individual Criminal Responsibility
4.2.2.2.2 Criminal Organisations
4.2.2.2.3 Legal Persons
4.2.2.2.4 International Organisations
4.3 Towards an Inclusive Notion of the 'International Community'
4.4 Conclusions
Part II: Enforcement of Norms and Principles
5. National Case Studies of Thailand, Serbia, Kosovo and the UK
5.1 Introduction
5.2 Thailand
5.2.1 Legal Framework to Address Organised Crime
5.2.1.1 Legislation on Substantive Offences
5.2.1.2 Legislation on Criminal Procedure and International Co-operation
5.2.1.2.1 Criminal Jurisdiction and Investigative Powers
5.2.1.2.2 The Rights of Suspects/Defendants, Victims and Witnesses
5.2.1.2.3 Mutual Legal Assistance in Criminal Matters
5.2.2 Assessment of Law Enforcement in Thailand
5.3 Serbia
5.3.1 Legal Framework to Address Organised Crime
5.3.1.1 Legislation on Substantive Offences
5.3.1.2 Legislation on Criminal Procedure and International Co-operation
5.3.1.2.1 Criminal Jurisdiction and Investigative Powers
5.3.1.2.2 The Rights of Suspects/Defendants, Victims and Witnesses
5.3.1.2.3 Mutual Legal Assistance in Criminal Matters
5.3.2 Assessment of Law Enforcement in Serbia
5.4 Kosovo
5.4.1 Legal Framework to Address Organised Crime
5.4.1.1 Legislation on Substantive Offences
5.4.1.2 Legislation on Criminal Procedure and International Co-operation
5.4.1.2.1 Criminal Jurisdiction and Investigative Powers
5.4.1.2.2 The Rights of Suspects/Defendants, Victims and Witnesses
5.4.1.2.3 Mutual Legal Assistance in Criminal Matters
5.4.2 Assessment of Law Enforcement in Kosovo
5.5 The UK
5.5.1 Legal Framework to Address Organised Crime
5.5.1.1 Legislation on Substantive Offences
5.5.1.2 Legislation on Criminal Procedure and International Co-operation
5.5.1.2.1 Criminal Jurisdiction and Investigative Powers
5.5.1.2.2 The Rights of Suspects/Defendants, Victims and Witnesses
5.5.1.2.3 Mutual Legal Assistance in Criminal Matters
5.5.2 Assessment of Law Enforcement in the UK
5.6 Comparative Analysis
5.7 Conclusions
6. The EU and Transnational Organised Crime
6.1 Introduction
6.2 Law, Policies and Measures under the TEU
6.2.1 Overview 1
6.2.2 Analysis of the TEU Measures
6.3 Law, Policies and Measures under the TEU as Revised by the Treaty of Amsterdam
6.3.1 Overview
6.3.2 Approximation of National Laws
6.3.3 Mutual Recognition of Judicial Decisions
6.3.4 The Principle of Availability—Intelligence Exchange
6.3.5 Analysis of Measures under the TEU as Revised by the Treaty of Amsterdam
6.3.5.1 Application of Approximation, Mutual Recognition and the Principle of Availability
6.3.5.2 Other Issues
6.4 The Future of the EU Action against Organised Crime in Light of the Lisbon Treaty
6.5 Conclusions
7. International Responses to Transnational Organised Crime
7.1 Introduction
7.2 Monitoring Implementation of the Organised Crime Convention
7.3 Provision of Technical Assistance
7.4 International Co-operation
7.4.1 Inter-state Co-operation
7.4.2 Inter-Agency Co-operation: UNIAP
7.5 Conclusions
8. Conclusion
Selected Bibliography
Books and Articles
Reports and Working Papers

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