Histories Of Transnational Criminal Law

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Histories of Transnational Criminal Law

Author : Neil Boister,Sabine Gless,Florian Jeßberger
Publisher : Oxford University Press
Page : 369 pages
File Size : 46,5 Mb
Release : 2021-08-02
Category : Law
ISBN : 9780192660619

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Histories of Transnational Criminal Law by Neil Boister,Sabine Gless,Florian Jeßberger Pdf

This edited collection provides an in-depth account of the history of key developments in transnational criminal law. While the history of international criminal law is now a much written about topic, the origins of most modern transnational criminal laws are not well understood. Histories of Transnational Criminal Law provides for the first time a set of legal histories of state efforts to combat and cooperate against transnational crime. With contributions from a group of word-leading experts, this edited volume traverses a range of topics, beginning with the normative, intellectual, and institutional histories of transnational criminal law. It then moves to the histories of specific transnational crimes ranging across eras from piracy to cybercrime, and finishes by examining jurisdiction, modes of liability, different forms of procedural cooperation, and the predicament of the individual in transnational criminal law. The book highlights specific issues and how they have been resolved, in the loose assemblage of norms, institutions, and practices that constitutes transnational criminal law.

International & Transnational Criminal Law

Author : Robert John Currie
Publisher : Unknown
Page : 694 pages
File Size : 45,6 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134497028

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International & Transnational Criminal Law by Robert John Currie Pdf

However, as it is part of the "Essentials of Canadian Law" series, a major goal of the book is to explore fully the nexus between these bodies of international law and Canadian domestic law--and help Canadian courts and lawyers engage successfully with the international aspects of the cases they work on. Accordingly, the book contains: a stand-alone chapter on the prosecution of international crimes before Canadian courts; a detailed examination of how the various transnational crime treaties are implemented in Canadian law; and a full chapter on Canadian extradition and mutual legal assistance law and practice.

The Transnationalisation of Criminal Law in the Nineteenth and Twentieth Century

Author : Karl Härter,Tina Hannappel,Conrad Tyrichter
Publisher : Verlag Vittorio Klostermann
Page : 238 pages
File Size : 40,8 Mb
Release : 2019-03
Category : Law
ISBN : 346504391X

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The Transnationalisation of Criminal Law in the Nineteenth and Twentieth Century by Karl Härter,Tina Hannappel,Conrad Tyrichter Pdf

The volume contains nine case studies on the recent history of transnational criminal law, having emerged from current international research projects. The papers cover cross-border political crime and security threats, extradition and expulsion, police cooperation and international expert discussions on social crime and torture. The focus is less on event-historical phenomena, but on transnational legal-political interactions of different actors. The contributions thus analyze the historical development of transnational criminal law as a form of temporally, spatially and legally limited criminal law and security regimes. As a result, the volume shows that the investigated transnationalization of criminal law in the 19th and 20th centuries did not lead to a cohesive normative order, thus offering legal-historical interpretations of current problems of international criminal law.

Histories of Transnational Crime

Author : Gerben Bruinsma
Publisher : Springer
Page : 188 pages
File Size : 44,9 Mb
Release : 2015-05-13
Category : Social Science
ISBN : 9781493924714

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Histories of Transnational Crime by Gerben Bruinsma Pdf

Histories of Transnational Crime provides a broad, historical framework for understanding the developments in research of transnational crime over the centuries. This volume provides examples of transnational crime, and places them in a broad historical context, which has so far been missing from this field of study. The contributions to this comprehensive volume explore the causes and historical precursors of six main types of transnational crime: -piracy -human smuggling -arms trafficking -drug trafficking -art and antique trafficking -corporate crime. The historical contributions demonstrate that transnational crime is not a novel phenomenon of recent globalization and that, beyond organized crime groups, powerful individuals, governments and business corporations have been heavily involved. Through a systematic historical and contextual analysis of these types of transnational crime, the contributions to this volume provide a fundamental understanding of why and how various forms of transnational crime are still present in the contemporary world. In the past two decades, the study of transnational crime has developed from a subset of the study of organized crime to its own recognized field of study, covering distinct societal threats and requiring a particular approach.

Organized Crime and International Criminal Law

Author : Kathrin Strobel
Publisher : BRILL
Page : 302 pages
File Size : 51,8 Mb
Release : 2021-08-09
Category : Law
ISBN : 9789004462588

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Organized Crime and International Criminal Law by Kathrin Strobel Pdf

This book presents the first comprehensive study of international criminal jurisdiction over organized crime and demonstrates the potential of international law to bring leaders of cartels and trafficking rings to justice.

The New Histories of International Criminal Law

Author : Immi Tallgren,Thomas Skouteris
Publisher : Oxford University Press
Page : 288 pages
File Size : 53,5 Mb
Release : 2019-03-21
Category : Law
ISBN : 9780192565143

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The New Histories of International Criminal Law by Immi Tallgren,Thomas Skouteris Pdf

The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.

An Introduction to Transnational Criminal Law

Author : Neil Boister
Publisher : Oxford University Press
Page : 512 pages
File Size : 50,6 Mb
Release : 2018-04-19
Category : Law
ISBN : 9780192515735

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An Introduction to Transnational Criminal Law by Neil Boister Pdf

National borders are permeable to all types of illicit action and contraband goods, whether it is trafficking humans, body parts, digital information, drugs, weapons, or money. Whilst criminals exist in a borderless world where territorial boundaries allow them to manipulate different markets in illicit goods, the authorities who pursue them can remain constrained inside their own jurisdictions. In a new edition of his ground-breaking work, Boister examines how states must cooperate to tackle some of the greatest security threats in this century so far, analyses to what extent vested interests have determined the course of global policy and law enforcement, and illustrates how responding to transnational crime itself becomes a form of international relations which reorders global political power and becomes, at least in part, an end in itself. Arguing that transnational criminal law is currently geared towards suppressing criminal activity, but is not as committed to ensuring justice, Boister suggests that it might be more strongly influenced by individual moral panics and a desire for criminal retribution than an interest in ensuring a proportional response to offences, protection of human rights, and the preservation of the rule of law.

An Introduction to Transnational Criminal Law

Author : Neil Boister
Publisher : Oxford University Press, USA
Page : 353 pages
File Size : 44,6 Mb
Release : 2012-09-06
Category : Law
ISBN : 9780199605392

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An Introduction to Transnational Criminal Law by Neil Boister Pdf

States criminalise a wide range of transnational offences, such as piracy, human trafficking, drug trafficking, terrorism, organised crime, and cybercrime. This book provides an introduction to this developing area of law, setting out what transnational crimes are, and how states can establish jurisdiction over them and enforce it.

A Brief History of International Criminal Law and International Criminal Court

Author : Cenap Çakmak
Publisher : Springer
Page : 305 pages
File Size : 41,8 Mb
Release : 2017-05-29
Category : Social Science
ISBN : 9781137567369

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A Brief History of International Criminal Law and International Criminal Court by Cenap Çakmak Pdf

This book offers a historical presentation of how international criminal law has evolved from a national setting to embodying a truly international outlook. As a growing part of international law this is an area that has attracted growing attention as a result of the mass atrocities and heinous crimes committed in different parts of the world. Çakmak pays particular attention to how the first permanent international criminal court was created and goes on to show how solutions developed to address international crimes have remained inadequate and failed to restore justice. Calling for a truly global approach as the only real solution to dealing with the most severe international crimes, this text will be of great interest to scholars of criminal justice, political science, and international relations.

Routledge Handbook of Transnational Criminal Law

Author : Neil Boister,Robert J. Currie
Publisher : Routledge
Page : 552 pages
File Size : 44,9 Mb
Release : 2014-10-10
Category : Law
ISBN : 9781135043643

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Routledge Handbook of Transnational Criminal Law by Neil Boister,Robert J. Currie Pdf

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. With chapters from over 25 authorities in the field, this handbook will be an invaluable reference work for student and academics and for policy makers with an interest in transnational criminal law.

Transnational Legal Ordering of Criminal Justice

Author : Gregory Shaffer,Ely Aaronson
Publisher : Cambridge University Press
Page : 411 pages
File Size : 53,8 Mb
Release : 2020-07-02
Category : Law
ISBN : 9781108836586

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Transnational Legal Ordering of Criminal Justice by Gregory Shaffer,Ely Aaronson Pdf

A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.

The Slave Trade, Abolition and the Long History of International Criminal Law

Author : Emily Haslam
Publisher : Routledge
Page : 271 pages
File Size : 45,8 Mb
Release : 2019-09-20
Category : History
ISBN : 9780429791093

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The Slave Trade, Abolition and the Long History of International Criminal Law by Emily Haslam Pdf

Modern international criminal law typically traces its origins to the twentieth-century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the often-controversial litigation, in the first part of the nineteenth century, arising from British efforts to capture slave ships, much of it before Mixed Commissions. With archival-based research into this litigation, it explores the legal construction of so-called ‘recaptives’ (slaves found on board captured slave ships). The book argues that, notwithstanding its promise of freedom, the law actually constructed recaptives restrictively. In particular, it focused on questions of intervention rather than recaptives’ rights. At the same time it shows how a critical reading of the archive reveals that recaptives contributed to litigation in important, but hitherto largely unrecognized, ways. The book is, however, not simply a contribution to the history of international law. Efforts to deliver justice through international criminal law continue to face considerable challenges and raise testing questions about the construction – and alternative construction – of victims. By inscribing the recaptive in international criminal legal history, the book offers an original contribution to these contentious issues and a reflection on critical international criminal legal history writing and its accompanying methodological and political choices.

Transnational Organized Crime

Author : Frank G. Madsen
Publisher : Taylor & Francis
Page : 191 pages
File Size : 53,6 Mb
Release : 2009
Category : Criminal justice, Administration of
ISBN : 9780415464987

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Transnational Organized Crime by Frank G. Madsen Pdf

This book explains the history and development of organized crime and clearly demonstrates the economics and practices of crime in the era of globalization.

Histories Written by International Criminal Courts and Tribunals

Author : Aldo Zammit Borda
Publisher : Springer Nature
Page : 276 pages
File Size : 53,7 Mb
Release : 2020-12-18
Category : Law
ISBN : 9789462654273

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Histories Written by International Criminal Courts and Tribunals by Aldo Zammit Borda Pdf

This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor’s expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology. Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs. Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.

Doing Justice to History

Author : Barrie Sander
Publisher : Oxford University Press, USA
Page : 385 pages
File Size : 40,5 Mb
Release : 2021-03-09
Category : Law
ISBN : 9780198846871

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Doing Justice to History by Barrie Sander Pdf

This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.