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Transnational Organised Crime in International Law : Studies in International and Comparative Criminal Law - Tom Obokata

Transnational Organised Crime in International Law

Studies in International and Comparative Criminal Law

Hardcover

Published: 17th August 2010
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There is extensive and detailed academic literature on the legal development of international crimes such as war crimes and crimes 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).

`A book of many parts, its thematic coherence comes from its devotion to identifying the social threat posed by organised crime and the legal steps taken at the international and national levels against that threat. Rich with example and Illustration and written in a light, direct style, it will provide a lucid guide for practitioners, policy-makers and students to the largely untraversed territory of the international legal system set up to suppress transnational organised crime.' Professor Neil Bolster, University of Canterbury, New Zealand.

`...the international law governing organized crime is a close relative of the body of law applicable to the international Criminal Court and similar institutions. It provides a forum to address issues of more general concern, such as the scope of universal jurisdiction, immunities, statutory limitation and extradition. Tom Obokata's study, with its original and in some ways unique perspective, enriches our knowledge of the field'. Professor William Schabas, Irish Centre for Human Rights.

`The book is well written, its documentation is quite exhaustive, and its thesis is timely and compelling. Professor M Cherif Bassiouni, DePaul University College of Law.

Tom Obokata has written the most useful and comprehensive book that sheds light upon the complex relationship between organised crime and international law. As both crime and law become evermore 'transnational' it is essential that concerned police officials, lawyers and judges as well as academics have such well researched in-depth assistance which is what this excellent work provides. Written in a very readable and lucid style it should form part of every international lawyer's library H. E Judge Howard Morrison, ICTY ... a welcome addition in a research field which has seen significant developments in the last years, but a relatively low number of scholarly works. ... a thorough analysis of the relationship between organized crime and international criminal law Francesco Calderoni The European Journal of Criminal Policy and Research April 2011

Forewordp. v
Acknowledgementsp. ix
Abbreviationsp. xvii
Table of Casesp. xix
Table of Regional and International Instrumentsp. xxv
Introductionp. 1
The Rise of Organised Crimep. 1
Contemporary Manifestation of Organised Crimep. 4
The Scope and Aim of This Bookp. 7
Concepts, Norms and Principlesp. 11
Understanding Organised Crime from a Multi-Disciplinary Perspectivep. 13
Introductionp. 13
Concepts of Organised Crime from a Multi-disciplinary Perspectivep. 14
Organised Crime as a Set of Actorsp. 14
Organised Crime as a Set of Activitiesp. 19
Legal Definitions of Organised Crime in National and International Lawp. 24
Definitions of Organised Crime in International Lawp. 24
General Discussionp. 24
The Transnational Nature of Organised Crimep. 28
'Transnational' and 'International' Crimep. 30
Definitions of Organised Crime in National Lawp. 33
Conclusionsp. 36
Obligations of States under International Lawp. 39
Introductionp. 39
The Nature and Extent of Obligations under International Lawp. 40
Prohibition of Organised Crime and Associated Actsp. 40
Criminal Jurisdiction over Organised Crimep. 47
Special Investigative Techniques and Intelligence-Led Law Enforcementp. 55
Mutual Assistance in Criminal Mattersp. 57
Extraditionp. 57
Other Mutual Legal Assistancep. 64
Prevention of Organised Crimep. 66
Key Legal Challenges Facing Effective Implementation of Obligationsp. 68
Periods of Limitations for Organised Crimep. 68
Immunity of Government Officials and Diplomatsp. 69
Protection of Human Rights of Suspects/Defendantsp. 75
Conclusionsp. 79
The Role of Non-state Actors in Suppression and Prevention of Organised Crimep. 81
Introductionp. 81
The Role of Non-state Actors in Prevention and Suppression of Organised Crimep. 82
The Concept of Global Governancep. 82
Global Governance over Transnational Organised Crimep. 86
Decision-Making and Participationp. 86
Accountabilityp. 93
Individual Criminal Responsibilityp. 93
Criminal Organisationsp. 100
Legal Personsp. 104
International Organisationsp. 106
Towards an Inclusive Notion of the 'International Community'p. 113
Conclusionsp. 116
Enforcement of Norms and Principlesp. 119
National Case Studies of Thailand, Serbia, Kosovo and the UKp. 121
Introductionp. 121
Thailandp. 122
Legal Framework to Address Organised Crimep. 122
Legislation on Substantive Offencesp. 122
Legislation on Criminal Procedure and International Co-operationp. 124
Criminal Jurisdiction and Investigative Powersp. 124
The Rights of Suspects/Defendants, Victims and Witnessesp. 126
Mutual Legal Assistance in Criminal Mattersp. 127
Assessment of Law Enforcement in Thailandp. 129
Serbiap. 133
Legal Framework to Address Organised Crimep. 133
Legislation on Substantive Offencesp. 133
Legislation on Criminal Procedure and International Co-operationp. 135
Criminal Jurisdiction and Investigative Powersp. 135
The Rights of Suspects/Defendants, Victims and Witnessesp. 138
Mutual Legal Assistance in Criminal Mattersp. 140
Assessment of Law Enforcement in Serbiap. 141
Kosovop. 145
Legal Framework to Address Organised Crimep. 145
Legislation on Substantive Offencesp. 145
Legislation on Criminal Procedure and International Co-operationp. 148
Criminal Jurisdiction and Investigative Powersp. 148
The Rights of Suspects/Defendants, Victims and Witnessesp. 150
Mutual Legal Assistance in Criminal Mattersp. 151
Assessment of Law Enforcement in Kosovop. 152
The UKp. 157
Legal Framework to Address Organised Crimep. 157
Legislation on Substantive Offencesp. 157
Legislation on Criminal Procedure and International Co-operationp. 159
Criminal Jurisdiction and Investigative Powersp. 159
The Rights of Suspects/Defendants, Victims and Witnessesp. 162
Mutual Legal Assistance in Criminal Mattersp. 163
Assessment of Law Enforcement in the UKp. 165
Comparative Analysisp. 170
Conclusionsp. 174
The EU and Transnational Organised Crimep. 175
Introductionp. 175
Law, Policies and Measures under the TEUp. 176
Overviewp. 176
Analysis of the TEU Measuresp. 179
Law, Policies and Measures under the TEU as Revised by the Treaty of Amsterdamp. 182
Overviewp. 182
Approximation of National Lawsp. 183
Mutual Recognition of Judicial Decisionsp. 186
The Principle of Availability-Intelligence Exchangep. 191
Analysis of Measures under the TEU as Revised by the Treaty of Amsterdamp. 193
Application of Approximation, Mutual Recognition and the Principle of Availabilityp. 193
Other Issuesp. 199
The Future of the EU Action against Organised Crime in Light of the Lisbon Treatyp. 202
Conclusionsp. 205
International Responses to Transnational Organised Crimep. 207
Introductionp. 207
Monitoring Implementation of the Organised Crime Conventionp. 208
Provision of Technical Assistancep. 210
International Co-operationp. 216
Inter-state Co-operationp. 216
Inter-Agency Co-operation: UNIAPp. 220
Conclusionsp. 224
Conclusionp. 227
Selected Bibliographyp. 231
Books and Articlesp. 231
Reports and Working Papersp. 240
Indexp. 243
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781841136905
ISBN-10: 1841136905
Series: Studies in International and Comparative Criminal Law
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 258
Published: 17th August 2010
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 24.13 x 16.51  x 2.54
Weight (kg): 0.57
Edition Number: 1