Transnational Crime

Introduction

Transnational Crime - Research Guide International Law

The concept of ‘transnational crime’, from a criminological perspective, originates from the mid-1970s when the United Nations used the term in order to identify certain criminal activities which transcend national jurisdictions. In 1995, the United Nations identified eighteen categories of transnational – and mostly organized – criminality. Transnational crime was then defined as ‘offences whose inception, prevention and/or direct or indirect effects involved more than one country.’ (UN Doc. A.CONF. 169/15/Add.1 (1995)). The crimes listed included, among others, money laundering, terrorist activities, theft of art and cultural objects, theft of intellectual property, illicit arms trafficking, aircraft hijacking, sea piracy, insurance fraud, computer crime, environmental crime, trafficking in persons, trade in human body parts, illicit drug trafficking, fraudulent bankruptcy, infiltration of legal business, corruption and bribery of public or party officials. Transnational crime has spread exponentially with the development of globalization and it is only relatively recent that some progress has been made by states and international organizations in developing measures to combat this type of criminality.

This Guide is intended as a starting point for research in the field on Transnational Crime. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code, i.e., 250a and keyword Transnational Crime are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Online publications released during October/November 2014

Bay Larsen, Lars, “Mutual Recognition in the Field of Criminal Law – A Short-Cut with Obstacles?” (November 2014), Edinburgh School of Law Research Paper No. 2014/48.
Abstract: This paper discusses the jurisprudence of the Court of Justice of Justice of the European Union on mutual recognition in the area of Criminal Law and Criminal Procedure, with a particular view on the European Arrest Warrant and the Principle of Ne Bis in Idem.

Sanctis, F. M. De, “Self-Regulation in the Art World and the Need to Prevent Money Laundering”, Business and Economics Journal, 5 (November 2014), No. 3.
Abstract: Organized crime has had a relatively free hand in its efforts to make criminal assets legal. This is made possible by some ineffectiveness of current national and international laws, which have not kept pace with the changing situation. Due to the fact that there is no particular concern with art, criminals and those …

Allain, Jean, “No Effective Trafficking Definition Exists: Domestic Implementation of the Palermo Protocol” (October 2014), Albany Government Law Review, 14 (2014); Queen’s University Belfast Law Research Paper No. 2014-10.
Abstract: This Paper considers the incorporation of 2000 Palermo Protocol into the domestic legal order and demonstrates the limited ability of States to actually carry out their avowed wish to suppress the trafficking in persons. Because no two States have the same definition of ‘trafficking’, their jurisdiction over the crime …

McLaughlin, Rob, and Tamsin P. Paige, “The Role of Information Sharing in Counter Piracy in the Horn of Africa Region: A Model for Transnational Criminal Enforcement Operations” (October 2014).
Abstract: Rates of piracy out of Somalia at their lowest in 6 years through a multi-pronged approach of nation building in Somalia, capacity building in other States in the region (such as Kenya, the Seychelles and Mauritius), target hardening, regional criminal prosecutions, and naval patrolling throughout the region. …

Munir, Muhammad, “Human Trafficking: Legal Regulations, Protection and Prevention in Pakistan” (October 2014).
Abstract: Pakistan is a source, transit and destination country for children, men and women of trafficking in person. Victims of trafficking in person are often subjected to forced labour, prostitution, bonded labour, begging, and organ transplantation. The findings of this paper are that trafficking in person is one of the …

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Bibliography

Reference works

Books

Articles

Documents

Periodicals, serial publications

Bibliographies

New titles

Updated every Friday morning.

The Peace Palace Library has a collection of over a million publications. Each week, about six hundred new titles are added to our collection: books, articles, documents, online publications, etc. On this page, access is provided to this week’s new titles on Transnational crime.


1. Der Einsatz der Streitkräfte gegen Piraterie auf See
Der Einsatz der Streitkräfte gegen Piraterie auf See / Johanna Fournier. - Baden-Baden : Nomos, 2014. - 273 pages. ; 23 cm. - (Studies in international law of the sea and maritime law ; Band 5) Originally doctoral dissertation at Bucerius Law School, Hamburg, 2013. - Bibliography: page 253-270. - With notes. - 2014
Keywords: Horn of Africa, Somalia, Germany, Piracy, Maritime security, Armed forces abroad, International co-operation,

2. The Incestuous Relationship between Corruption and Money Laundering
The Incestuous Relationship between Corruption and Money Laundering / Nadim Kyriakos-Saad, Gianluca Esposito, Nadine Schwarz In: Revue internationale de droit pénal = ISSN 0223-5404: vol. 83, issue 1-2, page 161-172. - 2012
Keywords: Corruption, Money laundering, Transnational crime, Economic crisis, International instruments, International co-operation,

3. Human Trafficking and Organ Trade
Human Trafficking and Organ Trade : Does the Law Really Care for the Health of People? / Daniel Sperling. - Oxford : Oxford University Press. - Page 193-208 In: Law and Global Health / edited by Michael Freeman FBA, Sarah Hawkes and Belinda Bennett, ISBN 9780199688999: (2014), Page 193-208. - 2014
Keywords: World Health Organization, Health, Human trafficking, Trafficking of organs, Human organs, Illegal activities, Donor, Human rights, Transnational crime,

4. Managing migration: is border control fundamental to anti-trafficking and anti-smuggling interventions?
Managing migration: is border control fundamental to anti-trafficking and anti-smuggling interventions? / Rebecca Miller and Sebastian Baumeister. - [Bangkok] : Global Alliance Against Traffic in Women, 2012. - Page 15-32 Includes bibliographical references and abstract. - 2012
Keywords: Asia and the Pacific, Southeast Asia, United Nations Office on Drugs and Crime, Human trafficking, Migration, Borders, Smuggle, Human rights, Transnational crime, E-docs,

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  • Chappell, D., and S. Hufnagel (eds.), Contemporary Perspectives on the Detection, Investigation and Prosecution of Art Crime : Australasian, European and North American Perspectives, Farnham, Surrey, Ashgate, 2014.

    Chappell, D., and S. Hufnagel (eds.), Contemporary Perspectives on the Detection, Investigation and Prosecution of Art Crime : Australasian, European and North American Perspectives, Farnham, Surrey, Ashgate, 2014.

    In the world of law enforcement art and antiquity crime has in the past usually assumed a place of low interest and priority. That situation has now slowly begun to change on both the local and international level as criminals, encouraged in part by the record sums now being paid for art treasures, are now seeking to exploit the art market more systematically by means of theft, fraud and looting. In this collection academics and practitioners from Australasia, Europe and North America combine to examine the challenges presented to the criminal justice system by these developments. Best practice methods of detecting, investigating, prosecuting and preventing such crimes are explored. This book will be of interest and use to academics and practitioners alike in the areas of law, crime and justice.

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  • Boister, N., and R.J. Currie (eds.), Routledge Handbook of Transnational Criminal Law, London, Routledge, 2014.

    Boister, N., and R.J. Currie (eds.), Routledge Handbook of Transnational Criminal Law, London, Routledge, 2014.

    Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime; Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition; Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime; The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law.

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  • Gallagher, A.T., and F. David, The international Law of Migrant Smuggling, New York, NY, Cambridge University Press, 2014.

    Gallagher, A.T., and F. David, The international Law of Migrant Smuggling, New York, NY, Cambridge University Press, 2014.

    Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand for a range of services that is increasingly being met by migrant smugglers: individuals or criminal groups who facilitate unauthorized entry into in another country for profit.  This companion volume to the award-winning The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis into the subject. The authors call on their direct experience of working with the United Nations to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors explain the major legal obligations of states with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.

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  • Paoli, L., The Oxford Handbook of Organized Crime, Oxford, Oxford University Press, 2014.

    Paoli, L., The Oxford Handbook of Organized Crime, Oxford, Oxford University Press, 2014.

    The Oxford Handbook of Organized Crime provides an informed, authoritative, and comprehensive overview of current knowledge about the nature and effects of the principal forms of organized crime, as well as the type and effectiveness of efforts to prevent and control them. Reflecting the transnational dimensions of criminal organizations and their activities, and the growing role of international organizations reacting to organized crime, The Handbook takes a global perspective with first-rate contributions from around the world covering the main regions and countries in which organized crime activity is at its greatest. It is divided into four sections: concepts and research methods, actors and interactions, markets and activities, and, finally, national and international policies to fight criminal organizations. While there are a number of organized crime texts available, none delivers a systematic, high-quality and truly global approach to the topic as is available in The Oxford Handbook of Organized Crime. Its insights illuminate both traditional areas of study in the field and pathways for developing cutting-edge research questions.

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  • Cornell, S., and M. Jonsson (eds.), Conflict, Crime, and the State in Postcommunist Eurasia, Philadelphia, PA, University of Pennsylvania Press, 2014.

    Cornell, S., and M. Jonsson (eds.), Conflict, Crime, and the State in Postcommunist Eurasia, Philadelphia, PA, University of Pennsylvania Press, 2014

    In the years after the collapse of the Soviet Union and its zone of influence, few insurgent groups had the resources necessary to confront regular armies. At the same time, state-sponsored financial support for insurgencies dramatically decreased. The pressing need to raise funds for war and the weakness of law enforcement in conflict zones create fertile conditions for organized crime; indeed, there is a mounting body of evidence correlating armed conflict and illicit economy, though the nature of this link and its impact on regional politics has not been well understood. Conflict, Crime, and the State in Postcommunist Eurasia explores the relationship between ideologically motivated insurgents, profit-motivated crime, and state institutions in eight conflict zones. Through detailed case studies, the contributors demonstrate how the operations and incentives of insurgents may emerge and shift over time: for some armed groups, crime can become an end in itself beyond a financial means, but not all armed groups equally adapt to illicit commerce. They also show how the criminalization of state institutions is a lingering concerns even after armed conflicts end. Conflict, Crime, and the State in Postcommunist Eurasia places the case studies along a continuum of political and criminal behavior, examining the factors that motivate insurgents to seek out criminal alliance, how this connection affects the dynamics of conflict, and what risks remain during postconflict transition.

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  • Battersby, P., The Unlawful Society: Global Crime and Security in a Complex World, Basingstoke, Palgrave Macmillan, 2014.

    Battersby, P., The Unlawful Society: Global Crime and Security in a Complex World, Basingstoke, Palgrave Macmillan, 2014.

    Crime today is synonymous with security but our preoccupation with exposing the hidden mechanisms of the global underworld engenders an incomplete understanding of a vexed and complex field of inquiry, policy and practice. International and global relations are being refashioned and re-coded in ways that demand a fresh and expansive interpretation that acknowledges the scope and complexity of networked human interactions. Using the innovative concept of unlawfulness, this book examines the crimes and misdemeanours of the global overworld to form a unique analysis of global order in the twenty-first century. Battersby argues that unlawfulness – the intentional transgression of criminal law – is an active but under-researched principle in international affairs, and maps out the scope of tolerated unlawfulness among and within states and non-state actors including private companies and not-for-profit ‘civil society’ organizations. Exploring the dynamics of law-making in a world where the pace of technological change is outstripping our capacity to capture new forms of international and transnational crime, this book will be a valuable resource to scholars of International Politics, Global Governance, International Law, Security, Criminal Justice and Policing.

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  • Reichel, P., and J.S. Albanese (eds.), Handbook of Transnational Crime and Justice (2nd ed.), Thousand Oaks, CA, Sage Publications, 2014.

    Reichel, P., and J.S. Albanese (eds.), Handbook of Transnational Crime and Justice, Thousand Oaks, CA, Sage Publications, 2014.

    Transnational crime and justice will characterize the 21st century in same way that traditional street crimes dominated the 20th century. In the Handbook of Transnational Crime and Justice, Philip Reichel and Jay Albanese bring together top scholars from around the world to offer perspectives on the laws, crimes, and criminal justice responses to transnational crime. This concise, reader-friendly Handbook is organized logically around four major themes: the problem of transnational crime; analysis of specific transnational crimes; approaches to its control; and regional geographical analyses. Each comprehensive chapter is designed to be explored as a stand-alone topic, making this Handbook an important textbook and reference tool for readers and practitioners alike.

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  • Durrieu, R., Rethinking Money Laundering and Financing of Terrorism in International Law: Towards a New Global Order, Leiden, Nijhoff, 2013.

    Durrieu, R., Rethinking Money Laundering and Financing of Terrorism in International Law: Towards a New Global Order, Leiden, Nijhoff, 2013.

    In this book the author provides a broad and original analysis of the phenomenon of money laundering, through a thorough examination of the financing of terrorism. The necessity of excluding the financing of terrorism from the legal definition of money laundering is clearly illustrated through extensive, original and comparative research. Part I studies the main extra-legal and legal aspects of money laundering by analyzing the meaning, causes and effects of this phenomenon and their link with the financing of terrorism, with special attention to the interconnection between the so-called preventive/regulatory AML-CFT system and the punitive approach. Part II provides a global-comparative analysis to determine whether or not the adoption of money laundering offences is consistent with sound principles of criminal law and criminal procedure. Finally, Part III examines the jurisdictional problems with respect to extra-territorial and large-scale money laundering cases.

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Database

Blogs

  • Honduras: A New Cocaine Trafficking Hub

    Last week Honduras adopted a law allowing the government to shoot down planes suspected of trafficking illegal drugs through the country. International drug trafficking is probably the most well known transnational organized crime. How bad is the current situation in Honduras; is it a new cocaine trafficking hub?

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  • Protecting Children from Cybercrime: Online Child Grooming

    In the Netherlands a massive case of internet child abuse has been reveiled this week. A 48 year old man has been arrested and is suspected of online child grooming and sexually abusing hundreds of girls. At least 11 girls stated they have had a meeting with the man and were sexually abused by him. The Dutch police has found 26.000 videos and 144.000 photographs during a raid on his house. The man has been active for eight years. What is online child grooming and what is the International and European policy on combating this form of cyber crime and internet abuse?

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  • Pirates, Buccaneers and Privateers : Concepts of International Law

    Establishing an authoritative definition of “piracy” in international law has always been rather problematic. The definition is relevant, because any confusion in terminology invariably leads to debates between State sovereignty and universal jurisdiction over crimes at sea. The various international law meanings of piracy are derived from, among others, international treaties, and various municipal law meanings are defined by statutes and State practice.

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  • Victor Bout, arms dealer, extradited to USA

    Victor Bout, an interpreter and a former Russian military airforce officer suspected of arms trafficking, has been extradited to the United States of America by Thailand. Bout, also called the ‘merchant of death’, is alleged of supplying illegal weapons to various groups and regimes, such as the Taliban, the Sierra leonean Revolutionary United Front, Charles Taylor and al-Qaida.

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  • Call for an UN Piracy Tribunal

    Five Somalis are currently on trial in the Netherlands after they failed to hijack a freighter sailing under the Dutch Antilles flag in January. The pirates have expressed their satisfaction with their prison cells, and at least one of them has said he wants to stay in the Netherlands after he is [...]

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  • Remembrance Slave Trade and its Abolition

    Saturday 23 August marks the UN nineth annual International Day for the Remembrance of the Slave Trade and its Abolition.

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  • Piracy

    The history of piracy goes back in the library collection till 1816. Still the oceans are unsafe, especially the Somali coast is crowded with modern pirates with guns and grenades. As in the old days kidnapping and piracy are lucrative businesses, if a ransom is paid.

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