Transnational organised crime in international law / Tom Obokata.
2010
K5240 .O26 2010 (Map It)
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Details
Author
Title
Transnational organised crime in international law / Tom Obokata.
Published
Oxford ; Portland, Or. : Hart Pub., 2010.
Call Number
K5240 .O26 2010
ISBN
9781841136905 (cloth)
1841136905 (cloth)
1841136905 (cloth)
Description
xxxi, 246 pages ; 25 cm.
System Control No.
(OCoLC)607975236
Summary
A monograph that offers a critical analysis of developments in the field of transnational organised crime under international law. It traces the history of organised crime and explores key concepts and norms relating to the practice from a multi-disciplinary perspective. It looks at legal obligations imposed upon States. 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).
Bibliography, etc. Note
Includes bibliographical references (pages 231-242) and index.
Record Appears in
Table of Contents
Foreword
v
Acknowledgements
ix
Abbreviations
xvii
Table of Cases
xix
Table of Regional and International Instruments
xxv
1.
Introduction
1
1.1.
The Rise of Organised Crime
1
1.2.
Contemporary Manifestation of Organised Crime
4
1.3.
The Scope and Aim of this Book
7
pt. I
Concepts, Norms and Principles
11
2.
Understanding Organised Crime from a Multi-Disciplinary Perspective
13
2.1.
Introduction
13
2.2.
Concepts of Organised Crime from a Multi-disciplinary Perspective
14
2.2.1.
Organised Crime as a Set of Actors
14
2.2.2.
Organised Crime as a Set of Activities
19
2.3.
Legal Definitions of Organised Crime in National and International Law
24
2.3.1.
Definitions of Organised Crime in International Law
24
2.3.1.1.
General Discussion
24
2.3.1.2.
The Transnational Nature of Organised Crime
28
2.3.1.3.
̀Transnational' and Ìnternational' Crime
30
2.3.2.
Definitions of Organised Crime in National Law
33
2.4.
Conclusions
36
3.
Obligations of States under International Law
39
3.1.
Introduction
39
3.2.
The Nature and Extent of Obligations under International Law
40
3.2.1.
Prohibition of Organised Crime and Associated Acts
40
3.2.2.
Criminal Jurisdiction over Organised Crime
47
3.2.3.
Special Investigative Techniques and Intelligence-Led Law Enforcement
55
3.2.4.
Mutual Assistance in Criminal Matters
57
3.2.4.1.
Extradition
57
3.2.4.2.
Other Mutual Legal Assistance
64
3.2.5.
Prevention of Organised Crime
66
3.3.
Key Legal Challenges Facing Effective Implementation of Obligations
68
3.3.1.
Periods of Limitations for Organised Crime
68
3.3.2.
Immunity of Government Officials and Diplomats
69
3.3.3.
Protection of Human Rights of Suspects/Defendants
75
3.4.
Conclusions
79
4.
The Role of Non-state Actors in Suppression and Prevention of Organised Crime
81
4.1.
Introduction
81
4.2.
The Role of Non-state Actors in Prevention and Suppression of Organised Crime
82
4.2.1.
The Concept of Global Governance
82
4.2.2.
Global Governance over Transnational Organised Crime
86
4.2.2.1.
Decision-Making and Participation
86
4.2.2.2.
Accountability
93
4.2.2.2.1.
Individual Criminal Responsibility
93
4.2.2.2.2.
Criminal Organisations
100
4.2.2.2.3.
Legal Persons
104
4.2.2.2.4.
International Organisations
106
4.3.
Towards an Inclusive Notion of the Ìnternational Community'
113
4.4.
Conclusions
116
pt. II
Enforcement of Norms and Principles
119
5.
National Case Studies of Thailand, Serbia, Kosovo and the UK
121
5.1.
Introduction
121
5.2.
Thailand
122
5.2.1.
Legal Framework to Address Organised Crime
122
5.2.1.1.
Legislation on Substantive Offences
122
5.2.1.2.
Legislation on Criminal Procedure and International Co-operation
124
5.2.1.2.1.
Criminal Jurisdiction and Investigative Powers
124
5.2.1.2.2.
The Rights of Suspects/Defendants, Victims and Witnesses
126
5.2.1.2.3.
Mutual Legal Assistance in Criminal Matters
127
5.2.2.
Assessment of Law Enforcement in Thailand
129
5.3.
Serbia
133
5.3.1.
Legal Framework to Address Organised Crime
133
5.3.1.1.
Legislation on Substantive Offences
133
5.3.1.2.
Legislation on Criminal Procedure and International Co-Operation
135
5.3.1.2.1.
Criminal Jurisdiction and Investigative Powers
135
5.3.1.2.2.
The Rights of Suspects/Defendants, Victims and Witnesses
138
5.3.1.2.3.
Mutual Legal Assistance in Criminal Matters
140
5.3.2.
Assessment of Law Enforcement in Serbia
141
5.4.
Kosovo
145
5.4.1.
Legal Framework to Address Organised Crime
145
5.4.1.1.
Legislation on Substantive Offences
145
5.4.1.2.
Legislation on Criminal Procedure and International Co-operation
148
5.4.1.2.1.
Criminal Jurisdiction and Investigative Powers
148
5.4.1.2.2.
The Rights of Suspects/Defendants, Victims and Witnesses
150
5.4.1.2.3.
Mutual Legal Assistance in Criminal Matters
151
5.4.2.
Assessment of Law Enforcement in Kosovo
152
5.5.
The UK
157
5.5.1.
Legal Framework to Address Organised Crime
157
5.5.1.1.
Legislation on Substantive Offences
157
5.5.1.2.
Legislation on Criminal Procedure and International Co-operation
159
5.5.1.2.1.
Criminal Jurisdiction and Investigative Powers
159
5.5.1.2.2.
The Rights of Suspects/Defendants, Victims and Witnesses
162
5.5.1.2.3.
Mutual Legal Assistance in Criminal Matters
163
5.5.2.
Assessment of Law Enforcement in the UK
165
5.6.
Comparative Analysis
170
5.7.
Conclusions
174
6.
The EU and Transnational Organised Crime
175
6.1.
Introduction
175
6.2.
Law, Policies and Measures under the TEU
176
6.2.1.
Overview
176
6.2.2.
Analysis of the TEU Measures
179
6.3.
Law, Policies and Measures under the TEU as Revised by the Treaty of Amsterdam
182
6.3.1.
Overview
182
6.3.2.
Approximation of National Laws
183
6.3.3.
Mutual Recognition of Judicial Decisions
186
6.3.4.
The Principle of Availability---Intelligence Exchange
191
6.3.5.
Analysis of Measures under the TEU as Revised by the Treaty of Amsterdam
193
6.3.5.1.
Application of Approximation, Mutual Recognition and the Principle of Availability
193
6.3.5.2.
Other Issues
199
6.4.
The Future of the EU Action against Organised Crime in Light of the Lisbon Treaty
202
6.5.
Conclusions
205
7.
International Responses to Transnational Organised Crime
207
7.1.
Introduction
207
7.2.
Monitoring Implementation of the Organised Crime Convention
208
7.3.
Provision of Technical Assistance
210
7.4.
International Co-operation
216
7.4.1.
Inter-state Co-operation
216
7.4.2.
Inter-Agency Co-operation: UNIAP
220
7.5.
Conclusions
224
8.
Conclusion
227
Selected Bibliography
231
Books and Articles
231
Reports and Working Papers
240
Index
243