Tom Obokata

Transnational Organised Crime in International Law

• Gebundenes Buch

Produktbeschreibung

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). "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.

---

Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.

Produktdetails

• Verlag: Hart Publishing
• Seitenzahl: 280
• Erscheinungstermin: 17. August 2010
• Englisch
• Abmessung: 240mm x 161mm x 20mm
• Gewicht: 602g
• ISBN-13: 9781841136905
• ISBN-10: 1841136905
• Artikelnr.: 30164777

Autorenporträt

Tom Obokata is a Senior Lecturer in Law at the Queen's University, Belfast.

Inhaltsangabe

1 Introduction 1.1 The Rise of Organised Crime 1.2 Contemporary
Manifestation of Organised Crime 1.3 The Scope and Aim of This Book Part I:
Concepts, Norms and Principles 2 Understanding Organised Crime from a
Multi-Disciplinary Perspective 2.1 Introduction 2.2 Concepts of Organised
Crime from a Multi-disciplinary Perspective 2.2.1 Organised Crime as a Set
of Actors 2.2.2 Organised Crime as a Set of Activities 2.3 Legal Defi
nitions of Organised Crime in National and International Law 2.3.1 Defi
nitions of Organised Crime in International Law 2.3.1.1 General Discussion
2.3.1.2 The Transnational Nature of Organised Crime 2.3.1.3
'Transnational'and 'International' Crime 2.3.2 Defi nitions of Organised
Crime in National Law 2.4 Conclusions 3 Obligations of States under
International Law 3.1 Introduction 3.2 The Nature and Extent of Obligations
under International Law 3.2.1 Prohibition of Organised Crime and Associated
Acts 3.2.2 Criminal Jurisdiction over Organised Crime 3.2.3 Special
Investigative Techniques and Intelligence-Led Law Enforcement 3.2.4 Mutual
Assistance in Criminal Matters 3.2.4.1 Extradition 3.2.4.2 Other Mutual
Legal Assistance 3.2.5 Prevention of Organised Crime 3.3 Key Legal
Challenges Facing Effective Implementation of Obligations 3.3.1 Periods of
Limitations for Organised Crime 3.3.2 Immunity of Government Offi cials and
Diplomats 3.3.3 Protection of Human Rights of Suspects/Defendants 3.4
Conclusions 4 The Role of Non-state Actors in Suppression and Prevention of
Organised Crime 4.1 Introduction 4.2 The Role of Non-state Actors in
Prevention and Suppression of Organised Crime 4.2.1 The Concept of Global
Governance 4.2.2 Global Governance over Transnational Organised Crime
4.2.2.1 Decision-Making and Participation 4.2.2.2 Accountability 4.2.2.2.1
Individual Criminal Responsibility 4.2.2.2.2 Criminal Organisations
4.2.2.2.3 Legal Persons 4.2.2.2.4 International Organisations 4.3 Towards
an Inclusive Notion of the 'International Community' 4.4 Conclusions Part
II: Enforcement of Norms and Principles 5 National Case Studies of
Thailand, Serbia, Kosovo and the UK 5.1 Introduction 5.2 Thailand 5.2.1
Legal Framework to Address Organised Crime 5.2.1.1 Legislation on
Substantive Offences 5.2.1.2 Legislation on Criminal Procedure and
International Co-operation 5.2.1.2.1 Criminal Jurisdiction and
Investigative Powers 5.2.1.2.2 The Rights of Suspects/Defendants, Victims
and Witnesses 5.2.1.2.3 Mutual Legal Assistance in Criminal Matters 5.2.2
Assessment of Law Enforcement in Thailand 5.3 Serbia 5.3.1 Legal Framework
to Address Organised Crime 5.3.1.1 Legislation on Substantive Offences
5.3.1.2 Legislation on Criminal Procedure and International Co-operation
5.3.1.2.1 Criminal Jurisdiction and Investigative Powers 5.3.1.2.2 The
Rights of Suspects/Defendants, Victims and Witnesses 5.3.1.2.3 Mutual Legal
Assistance in Criminal Matters 5.3.2 Assessment of Law Enforcement in
Serbia 5.4 Kosovo 5.4.1 Legal Framework to Address Organised Crime 5.4.1.1
Legislation on Substantive Offences 5.4.1.2 Legislation on Criminal
Procedure and International Co-operation 5.4.1.2.1 Criminal Jurisdiction
and Investigative Powers 5.4.1.2.2 The Rights of Suspects/Defendants,
Victims and Witnesses 5.4.1.2.3 Mutual Legal Assistance in Criminal Matters
5.4.2 Assessment of Law Enforcement in Kosovo 5.5 The UK 5.5.1 Legal
Framework to Address Organised Crime 5.5.1.1 Legislation on Substantive
Offences 5.5.1.2 Legislation on Criminal Procedure and International
Co-operation 5.5.1.2.1 Criminal Jurisdiction and Investigative Powers
5.5.1.2.2 The Rights of Suspects/Defendants, Victims and Witnesses
5.5.1.2.3 Mutual Legal Assistance in Criminal Matters 5.5.2 Assessment of
Law Enforcement in the UK 5.6 Comparative Analysis 5.7 Conclusions 6 The EU
and Transnational Organised Crime 6.1 Introduction 6.2 Law, Policies and
Measures under the TEU 6.2.1 Overview 1 6.2.2 Analysis of the TEU Measures
6.3 Law, Policies and Measures under the TEU as Revised by the Treaty of
Amsterdam 6.3.1 Overview 6.3.2 Approximation of National Laws 6.3.3 Mutual
Recognition of Judicial Decisions 6.3.4 The Principle of
Availability-Intelligence Exchange 6.3.5 Analysis of Measures under the TEU
as Revised by the Treaty of Amsterdam 6.3.5.1 Application of Approximation,
Mutual Recognition and the Principle of Availability 6.3.5.2 Other Issues
6.4 The Future of the EU Action against Organised Crime in Light of the
Lisbon Treaty 6.5 Conclusions 7 International Responses to Transnational
Organised Crime 7.1 Introduction 7.2 Monitoring Implementation of the
Organised Crime Convention 7.3 Provision of Technical Assistance 7.4
International Co-operation 7.4.1 Inter-state Co-operation 7.4.2
Inter-Agency Co-operation: UNIAP 7.5 Conclusions 8 Conclusion Selected
Bibliography Books and Articles Reports and Working Papers