Transnational Legal Ordering of Criminal Justice


Book Description

Hard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.




Transnational Legal Orders


Book Description

Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.




Transnational Legal Ordering and State Change


Book Description

Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.




An Introduction to Transnational Criminal Law


Book Description

The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral 'suppression conventions' oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice. Until recently this system of law has been largely the domain of professionals. An Introduction to Transnational Criminal Law provides a comprehensive introduction designed to fill that gap.




New Perspectives on the Structure of Transnational Criminal Justice


Book Description

National criminal justice systems are slowly integrating in an effort to combat cross border criminality. New Perspectives on the Structure of Transnational Criminal Justice provides a forum for critical perspectives on this evolving system, with the goal of testing and challenging conceptions of transnational criminal law. Collectively, the papers in this special issue investigate the main symbolic and material characteristics of this space of justice, how it is organized and what dynamics shape its functionality and impact.




Transnational Legal Ordering and State Change


Book Description

Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.




Transnational Legal Orders


Book Description

This book offers a path-breaking, empirically grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental economic and social behaviors. The contributors generate arrays of hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle. This original theory is applied and developed by distinguished scholars from North America, Europe and Asia in business law (taxation, corporate bankruptcy, secured transactions, transport of goods by sea), regulatory law (monetary and trade, finance, food safety, climate change), and human rights law (civil and political rights, rule of law, right to health/access to medicines, human trafficking, criminal accountability of political leaders).




Globalisation, Criminal Law and Criminal Justice


Book Description

The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.




A Critical Introduction to International Criminal Law


Book Description

Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.




Global Policing


Book Description

In the transitional networked society, police power is no longer constrained by the borders of the nation state. It has globalised. Global Policing shows how security threats have been constructed by powerful actors to justify the creation of a new global policing architecture and how the subculture of policing shapes the world system. Demonstrating how a theory of global policing is central to understanding global governance, the text explores: - the ′new security agenda′ focused on serious organised crime and terrorism and how this is transforming policing - the creation of global organisations such as Interpol, regional entities such as Europol, and national policing agencies with a transnational reach - the subculture of the ′global cops′, blurring boundaries between police, private security, military and secret intelligence agencies - the reality of transnational policing on the ground, its effectiveness, legitimacy, accountability and future development. Written by two leading international experts who bring cutting-edge theoretical debates to life with case studies and examples, Global Policing will prove captivating reading for students and scholars in criminology, criminal justice, international relations, law and sociology.