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Journal articles on the topic 'Crimenes transnationales'
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1
Aydin Novruzova, Laura. "ELEMENTS OFCRIMINAL COMPOSITION OF TRANSNATIONAL CRIMES." SCIENTIFIC WORK 53, no. 04 (February 28, 2020): 60–63. http://dx.doi.org/10.36719/aem/2007-2020/53/60-63.
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Franjić, Siniša. "Transnational Environmental Crimes." Journal of Humanities, Arts and Social Science 5, no. 2 (September 7, 2021): 249–54. http://dx.doi.org/10.26855/jhass.2021.07.008.
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Bowman, Blythe A. "Transnational Crimes Against Culture." Journal of Contemporary Criminal Justice 24, no. 3 (May 6, 2008): 225–42. http://dx.doi.org/10.1177/1043986208318210.
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Saul, Ben. "The Legal Relationship between Terrorism and Transnational Crime." International Criminal Law Review 17, no. 3 (June 14, 2017): 417–52. http://dx.doi.org/10.1163/15718123-01703001.
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This article examines the legal relationship between terrorism and other transnational crimes. It considers how terrorist groups instrumentally commit other transnational crimes in order to support their terrorist activities, as well as when terrorist acts can qualify as other transnational crimes. The overlap and differentiation between terrorism and transnational organised crime is explored by reference to the un Transnational Organised Crime Convention 2000 (untoc) and its three protocols on human trafficking, migrant smuggling, and firearms trafficking. In particular, the article examines the distinction between politically motivated terrorism and the financial or material benefit that is central to the definition under the untoc. Beyond the untoc, the article then investigates the relationship between terrorism and a cluster of more disparate transnational crimes, including drug trafficking, illicit trafficking in cultural property, illicit exploitation of natural resources and environmental crimes, and kidnapping for ransom. The article identifies gaps in existing legal regimes.
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Bunga, Dewi, and Dewi Bunga. "TERMINOLOGI KEJAHATAN DALAM HUKUM PIDANA INTERNASIONAL." Jurnal Aktual Justice 3, no. 1 (June 20, 2018): 1–12. http://dx.doi.org/10.47329/aktualjustice.v3i1.440.
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The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.
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Dian Laksmi Dewi, Cokorda Istri. "REGULASI PENDAFTARAN MEREK INTERNASIONAL DALAM UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS." Jurnal Aktual Justice 3, no. 1 (June 20, 2018): 68–77. http://dx.doi.org/10.47329/aktualjustice.v3i1.455.
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The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.
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Le Nguyen, Chat. "National criminal jurisdiction over transnational financial crimes." Journal of Financial Crime 27, no. 4 (January 27, 2020): 1361–77. http://dx.doi.org/10.1108/jfc-09-2019-0117.
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Purpose The purpose of this paper is to examine the international standards for establishing national jurisdiction over the transnational crimes of money laundering and bribery and identify challenges to the adoption of those standards by different states in practice. Design/methodology/approach This paper, first, defines transnational money laundering and transnational bribery; then, it examines the legal bases and principles on which a state can claim criminal jurisdiction over these offences. This paper also discusses the application of jurisdictional conditions in a transnational context and how to deal with the problems arising from national claim of jurisdiction over these offences, for example, jurisdictional concurrence. Findings This paper argues that when the jurisdictional concurrence occurs, the involved states should consult one another by taking into account a number of relevant factors and take the “centre of gravity” approach to deciding which state or forum should prosecute eventually. States less able to establish jurisdiction over the offences are often those which have a weak legal basis and/or insufficient resources. Originality/value To the authors’ knowledge, this article would be the good guidance on how a state could claim jurisdiction over the offences of transnational money laundering and transnational bribery.
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Shulzhenko, Nadiia, Snizhana Romashkin, Mykola Rubashchenko, and Hаlyna Tatarenko. "The problematic aspects of International core crimes and transnational crimes accordingly to International Law." Revista de la Universidad del Zulia 11, no. 31 (October 1, 2020): 376–88. http://dx.doi.org/10.46925//rdluz.31.23.
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Today, the boundaries of international crime involving states and transnational organized crime are slowly blurring, and as a result, the number of international crimes is steadily growing. The article analyzes two key groups of crimes: crimes indicated in the Rome Statute and transnational crimes under international conventions. This article is based on the analysis of the main groups of crimes: the first group of international crimes committed with state actors, which includes crimes against humanity, war crimes, crimes of aggression, crimes of genocide; and the second group, crimes committed by criminal groups organized in more than one country with the "international" or "transnational" character of such acts. The authors emphasize the norms of international law, according to which the International Criminal Court, together with international criminal tribunals, have jurisdiction over a small range of key international crimes, including genocide, war crimes and crimes against humanity, aggression, committed by state officials. The main objective of this research is to compare the mechanism for investigating crimes in the jurisdiction of international criminal tribunals and the International Criminal Court, together with the national procedure for investigating transnational crimes, through the ratification of international conventions and the establishment of the International cooperation. The article was made with the following methods: induction, deduction, analogy, as well as historical, dialectical and formal legal methods.
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Bakker, Felix Ferdin, Andhika Parama Putra, and Respati Triana Putri. "The Role of ASEAN in Tackling the Main Issues of Transnational Crime in the Southeast Asia Region." Journal of Law and Border Protection 2, no. 1 (May 22, 2020): 47–58. http://dx.doi.org/10.52617/jlbp.v2i1.182.
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Southeast Asia, a strategic region with a large border area, makes it an area prone to transnational crimes, especially terrorism, drug trafficking and human trafficking. This article aims to determine the role of ASEAN in tackling the main issues of transnational crime in the Southeast Asian region. International crimes in Southeast Asia are increasingly common. This research study uses normative legal research methods with qualitative data collection juxtaposed with descriptive analysis techniques so that the existing problems regarding transnational crimes, especially human smuggling, can be presented comprehensively and informatively. In dealing with this problem, ASEAN must play an active role by taking strategic steps through cooperating with other countries such as the United States and agreeing on various policies with ASEAN member countries related to handling transnational crimes, especially crimes of terrorism, drug trafficking and human trafficking.
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Boister, Neil. "International Tribunals for Transnational Crimes: Towards a Transnational Criminal Court?" Criminal Law Forum 23, no. 4 (September 23, 2012): 295–318. http://dx.doi.org/10.1007/s10609-012-9182-4.
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Popko, V. "THE PRINCIPLES OF THE TRANSNATIONAL CRIMINAL LAW IN THE COURSE OF INTERNATIONAL LAW." Actual Problems of International Relations, no. 136 (2018): 36–47. http://dx.doi.org/10.17721/apmv.2018.136.0.36-47.
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The article highlights systematic aspects of the major principles of transnational criminal law within the framework of international law transformation. The article is dedicated to the examination of the fundamental principles of international law and international criminal law, in particular, which are viewed systematically and in complex and tight connection with the principles of domestic criminal and criminal procedural law. The necessity of legal enshrinement of its principles is noted. The content of the fundamental principles of criminal law is overviewed, in particular, nullum crimen sine lege (No crime without a previous penal law), principle of individual criminal responsibility, principle of non-reference to the official or professional status of a person, prohibition of repetition of punishment for the same crime under international criminal law, execution of judicial power only by courts, equality of persons before the law and the court, local and temporal principles of criminal law (non-application of terms of limitation, territorial principle of criminal law etc.) Special attention is paid to the content of the universal criminal jurisdiction principle concerning transnational crimes, enshrined in the 2000 UN Convention against Transnational Organized Crime. The author comes to the conclusion that the principles of transnational criminal law are coordinated as between themselves and determine the main characteristics of transnational criminal law and directions of criminal policy.
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Luong, Hai Thanh. "Transnational Crime and its Trends in South-East Asia: A Detailed Narrative in Vietnam." International Journal for Crime, Justice and Social Democracy 9, no. 2 (May 18, 2020): 88–101. http://dx.doi.org/10.5204/ijcjsd.v9i2.1147.
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While implementing economic and political reforms to develop society and the economy since 1986, Vietnam has faced serious challenges to national security and social order associated with the complexities of transnational crimes (e.g., illegal drugs, human trafficking, green crimes and high-tech crimes). Additionally, as an uncharted territory in the field of criminology and policing, overall assessment of these crimes in Vietnam is still absent. Lack of knowledge and background on transnational crimes in Vietnam is considered one of the barriers to full understanding of the nature of cross-border criminals in comparison to other South-East Asian countries. This study analyses specific characteristics and modus operandi of transnational crimes in Vietnam by examining these particularly severe crimes. Findings show there are sophisticated cunning associated with flexible activities to avoid law enforcement monitors. Findings call for further research to inform policymakers and scholars.
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Nerlich, V. "Core Crimes and Transnational Business Corporations." Journal of International Criminal Justice 8, no. 3 (June 24, 2010): 895–908. http://dx.doi.org/10.1093/jicj/mqq039.
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Handayani, Dian, Wavin Nuha Kuntanaka, and Abdul Rahman. "Policy Implementation of Lantamal VIII Manado in Handling Transnational Crimes in the North Sulawesi Marine Border." Journal of Maritime Studies and National Integration 4, no. 1 (June 12, 2020): 45–53. http://dx.doi.org/10.14710/jmsni.v4i1.7815.
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This study aims to identify the policy of Main Naval Base VIII (Lantamal VIII) Manado to handle transnational crimes in the Manado sea border, North Sulawesi. It is implemented in order to support Indonesia's maritime security which contains communication, resources, disposition, and bureaucratic structure. This study uses a qualitative approach with a case study. Data collection using interviews and documentation while examining the data’s validity using triangulation. The argument of this study is the communication made by Lantamal VIII Manado which represents the relation of Indonesia and the Philippines, while coordination between the competent agencies in the waters of North Sulawesi requires good synergy. Nevertheless, there are several problems encountered by Lantamal VIII Manado, namely the lack of personnel and defence equipment. The disposition aspect has been going well according to the command mechanism. In addition, from the bureaucratic structure, Lantamal VIII Manado has a clear division of regional work.
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Popko, Vadym, and Yevgen Popko. "THEORETICAL AND LEGAL CHARACTERISTICS OF ECONOMIC CRIMES OF A TRANSNATIONAL NATURE." Baltic Journal of Economic Studies 7, no. 1 (January 22, 2021): 93–101. http://dx.doi.org/10.30525/2256-0742/2021-7-1-93-101.
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The article examines the theoretical and legal foundations of economic crimes of a transnational nature formed under the influence of globalisation processes in the world, the growth of international crime and other factors. The author provides a conceptual description of transnational crime as the main category of transnational criminal law, including economic crimes. Scientific views of domestic and foreign scientists on the nature of crimes of an international nature, including criminal acts in the economic sphere are analysed; the most dangerous and widespread economic crimes are characterised. Attention is paid to the legal regulation of these relations, universal and regional conventions, other sources. The authors justify the need to criminalise transnational economic crimes in national law, regardless of whether a particular state is a party to international conventions adopted by international organisations. The authors pay special attention to the characteristics of the subjects of the crime and reveals the debatable nature of their definition, in particular, analyse the problematic nature of the recognition of a legal entity as a subject of crime. The authors use a conceptual approach to clarifying the subject of study, which determines the reasonability of theoretical research, and modern principles of scientific methodology: the principle of scientific pluralism, impartiality, comprehensiveness of research, historicism, complexity and others. A modern requirement in the methodology of science is the rejection of methodological monism, which has long been dominant in theoretical and historical studies of social (including legal) phenomena and the rejection of the ideology of scientific knowledge, which provides an objective, unbiased attitude to any legal phenomena, legal systems, etc. The purpose of the article is to provide theoretical and legal characteristics of international crime in the economic sphere, identify the transnational nature of these crimes, clarify the state of legal regulation of these relations at the international level, as well as international cooperation to combat these crimes. Based on the study and theoretical generalisation of the research topic, the authors emphasise the following conclusions: modern world problems are global in nature; economic crime transcends borders and becomes international; economic crimes of a transnational nature are recognised as socially dangerous acts that encroach on the system of social relations in the field of financial and credit, investment, information, trade, etc. activities, and have a transnational nature, i.e. go beyond one state; countering economic crimes of a transnational nature is within the internal competence of states, but international cooperation in this area also has an objective basis; the legal basis of international cooperation of states are international legal anti-criminal conventions, which define the criminal acts and obligations of states to criminalise economic crimes and provide legal assistance in criminal proceedings, in particular in extradition and transfer of accused and convicted persons, disposal of confiscated property, joint investigation and other issues.
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Van der Wilt, Harmen. "Expanding Criminal Responsibility in Transnational and International Organised Crime." Groningen Journal of International Law 4, no. 1 (July 15, 2016): 1. http://dx.doi.org/10.21827/59db69227860f.
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In international criminal law theory, a conceptual divide is made between international crimes stricto sensu (genocide, crimes against humanity, war crimes, aggression) and transnational organised crime. This differentiation sustains the direct, respectively indirect enforcement mechanism: the so called ‘core crimes’ belong to the subject matter jurisdiction of international criminal tribunals and the International Criminal Court, whereas national jurisdictions aim to counter transnational crimes, by concluding ‘suppression conventions’ and seeking international cooperation on the basis of the aut dedere, aut judicare principle. Nevertheless, the division is questioned for being too rigid and simplistic, as the boundaries between the categories are increasingly blurred. On the one hand, political rebel groups and organised crime often unite to challenge the power monopoly of the state, while corrupt governments and private business conspire to exploit the local population (by pillage, deportation from their lands or pollution of the environment). On the other hand, there is an ongoing debate, triggered by the ICC Kenya Decision of March 2010, whether the commission of crimes against humanity is the ‘privilege’ of states and state-like groups, or whether the category should be expanded to cover larger organisations that are capable of committing such atrocities. In other words, there is a proliferation of state and non-state actors that engage in both ‘classic’ international crimes (war crimes, crimes against humanity) and transnational crime. These developments have fuelled the plea for supranational law enforcement in respect of transnational (organised) crime, exceeding the realm of inter-state cooperation on a horizontal basis. This essay will pay a modest contribution to this discussion by arguing that the quest for more effective law enforcement is bedeviled by the perplexity of fitting new patterns of crime and new perpetrators of international crimes into the classic mould of international criminal law. These two aspects are obviously intimately related and should not be considered in isolation. Any initiative to invigorate international criminal law enforcement - by for instance establishing new (international or regional) courts or by expanding the subject matter jurisdiction of existing courts – should therefore pay attention to both the elements of crimes and the modes of criminal liability.
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Porcheron, Delphine. "Les actions civiles transnationales en réparation des « crimes du passé »." Revue critique de droit international privé N° 4, no. 4 (March 5, 2021): 645–68. http://dx.doi.org/10.3917/rcdip.204.0645.
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Kuznetsova, Olga A. "Criminal law tools of combatting transnational corruptive criminality." RUDN Journal of Law 25, no. 2 (December 15, 2021): 663–84. http://dx.doi.org/10.22363/2313-2337-2021-25-2-663-684.
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One of the most serious problems in the field of combating crime is the fight against transnational corruption crime. This type of crime already (de facto and de jure) exists as international crime and has a specific subject composition, geography of commission and complex objective reasons. The core of transnational corruption crime is bribery widely used by transnational corporations for achieving their corporate purposes. Combatting such crimes by means of criminal law is carried out at various levels: international, interregional, regional, subregional, bilateral, and domestic. The purpose of this article is to characterize transnational corruption, which is one of the forms of self-determination of crime. The article provides a comprehensive classification of corruption crimes based on various criminal law and criminological criteria. The author pays special attention to the fact that all transnational corruption crimes can be divided into main and auxiliary. At the same time, these two types of offences are often inseparable. The author proposes the main directions of criminal law impact on transnational corruption crime, which could be used in both the General part and Special part of criminal law. The methodology of the article is based on the laws of materialist dialectics. The article rests on a wide range of Russian and foreign sources of scientific, legal, statistical, sociological, and other nature. The author applied the following research methods: analysis, synthesis, deduction, induction, systemic-structural method, logicallegal, and comparativelegal.
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Setiyono, Joko. "INTEGRATED POLICY MANAGEMENT OF NARCOTICS TRAFFICKING AS TRANSNATIONAL ORGANIZED CRIME IN INDONESIA." Diponegoro Law Review 5, no. 2 (October 30, 2020): 260–76. http://dx.doi.org/10.14710/dilrev.5.2.2020.260-276.
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Indonesia is the closest state to the Southeast Asian Golden Triangle which is Asia's largest source of opium. Since 1990 until now, Indonesia has become marketing drugs for existence. The indicator of narcotics could be categorized as transnational crimes because of their internal factors and external factors, including drug abuse to the misuses authority by state officials to oversee on narcotics. As a sovereign state, Indonesia has policies in dealing with drug trafficking including transnational organized crime. One of them is by strengthening the performance of the National Narcotics Board of Correctional Institutions in combating narcotics in Indonesia.
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Eser, A. "Transnational Measures against the Impunity of International Crimes." Journal of International Criminal Justice 10, no. 3 (June 29, 2012): 621–34. http://dx.doi.org/10.1093/jicj/mqs039.
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Srikanth, H. "Combating Transnational Crimes in the Era of Globalization." International Studies 53, no. 2 (April 2016): 91–104. http://dx.doi.org/10.1177/0020881717728157.
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왕원화(王文華). "On Effective Measures against Crimes of Transnational Corporations." Korean Journal of Comparative Criminal Law 15, no. 2 (December 2013): 423–50. http://dx.doi.org/10.23894/kjccl.2013.15.2.017.
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Piedrahita Bustamante, Pedro. "Legislative and Jurisprudential Management of Transnational Organized Crime in Latin America." IBEROAMERICA, no. 1 (2020): 109–36. http://dx.doi.org/10.37656/s20768400-2020-1-06.
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Humbat Musayev, Erkin Humbat Musayev. "INTERNATIONAL CRIMINAL LAW AND AR (AZERBAIJAN REPUBLIC) LEGISLATION GENOCIDE CRIME AND ITS COMPARATIVE ANALYSIS WITH OTHER INTERNATIONAL CRIMES." SCIENTIFIC WORK 53, no. 04 (February 28, 2020): 48–52. http://dx.doi.org/10.36719/aem/2007-2020/53/48-52.
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Hamdi, Muhammad Arief. "PREVENTION OF THE TRANSNATIONAL CRIMINAL IN INDONESIA." Jurnal Ilmiah Kajian Keimigrasian 1, no. 1 (April 27, 2018): 165–75. http://dx.doi.org/10.52617/jikk.v1i1.20.
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Transnational crime as a form of crime that can threaten the potential of community life such as economic, social, public order and the security of both national and regional. The development of transnational crime in Indonesia, as the impact of globalization as well as other factors relating to the movement of people from one area of the country to country or from an area to another area. So, very potential appears and the development of a new type of cross border crime.
The purpose of the research was to discover different shapes or types of crimes that can be categorized as a transnational crime which differentiate it from other crimes; Map the concept of handling and tackling transnational crime for the benefit of Indonesia; Find a harmonization of national laws and international laws related to cross border crime.
That to overcome the widespread crime, the necessary legal instrument relating to the types of crime that either national law or international law/international agreements with the protocol. On the other hand, the state was instrumental in anticipation of the influx of threats will be crimes is cross border through negotiations/diplomacy and cooperation-bilateral or multilateral cooperation is good.
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Popko, Vadym. "THE CONCEPT OF TRANSNATIONAL CRIME AS AN INTERNATIONAL CRIMINAL LAW CATEGORY IN A THEORETIC DIMENSION." Actual Problems of International Relations, no. 139 (2019): 68–79. http://dx.doi.org/10.17721/apmv.2019.139.0.68-79.
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The article analyzes the concept of a transnational crime as a category of international criminal law, its concept and characteristic properties. The origins of the concept of “transnational crime” are considered, taking into account the diversity of sources of international law, conceptual approaches, the relation between concepts “transnational” and “transboundary”, as well as the features of the concept of transnationality are identified. Different approaches to this problem at the present stage of development of international criminal law are generalized. The author emphasizes the importance of the UN Convention against Transnational Organized Crime of November 15, 2000, which describes the transnationality, the criminalization of criminal acts (money laundering, corruption, etc.); measures to be taken to combat these crimes are determined; issues of jurisdiction, confiscation, arrest, extradition, protection of witnesses, international cooperation of states in the field of mutual legal assistance in the investigation, prosecution and trial of transnational crimes are regulated. It is emphasized that the concept of a transnational crime is based on such important precepts: transnationality; recognition of the crime of a transnational criminal act in the sources of international law and national legislation; national character of a criminal law ban; criminal liability for transnational crime should be based on the principle of legality; a great public danger of a crime, because such an act is detrimental not only to the direct object of the crime, but also to interstate relations.
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Narayan, Shannu. "Anti-Money Laundering Law in India: A ‘Glocalization’ Model." Statute Law Review 40, no. 3 (April 18, 2018): 224–35. http://dx.doi.org/10.1093/slr/hmy005.
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Abstract The move towards harmonization of International Anti-Money Laundering (AML) regimes has attained importance during the last two decades and has been almost universally adopted by the international community. Member States of the United Nations, and Inter-governmental Organizations like the Financial Action Task Force (FATF), have criminalized money laundering, and many of them have set up specialized agencies to combat it. Money laundering is the life blood of all transnational crimes. Illicit/illegitimate money is integrated and reinvested into the legitimate financial system, which in turn facilitates commission of further transnational crimes. The term ‘glocalization’ describes the locally embedded nature of transnational crime. India’s AML law regime is a perfect example of adopting a glocalization model which is manifested through various amendments carried out to the principal Act to align it with international standards and policies.
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WHARTON, SARA. "Redrawing the Line? Serious Crimes of Concern to the International Community beyond the Rome Statute." Canadian Yearbook of international Law/Annuaire canadien de droit international 52 (October 2015): 129–83. http://dx.doi.org/10.1017/cyl.2015.20.
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AbstractInternational criminal law, like all areas of law, must continue to evolve to reflect contemporary realities. This article demonstrates that the current subject matter jurisdiction of the International Criminal Court under the Rome Statute is very much an artefact of history, and it argues that the historical and reactive line that the statute draws between “core” international crimes and other serious international or transnational crimes is inadequate. In order to ensure that international criminal law continues to evolve in a reasoned and principled manner, states need to better articulate the criteria by which conduct is included within the category of “the most serious crimes of concern to the international community as a whole.” Using a primarily inductive approach, the article considers a number of such criteria that have been considered over the years. It concludes that, when assessed in the context of their systematic and organized perpetration, many other serious international and transnational crimes raise some of the same concerns that underpin the current core international crimes, suggesting that it may be time for the international community to consider redrawing the line.
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Mawar Rini, Ayu. "PENGUATAN UPAYA PENEGAKAN HUKUM “KEJAHATAN TERKAIT DENGAN PERIKANAN” MELALUI REGIONAL COOPERATION AGREEMENT AGAINST CRIMES RELATED TO FISHERIES." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 32, no. 1 (February 15, 2020): 106. http://dx.doi.org/10.22146/jmh.38280.
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AbstractThe research aims to analyse the urgency of the establishment of the Regional Cooperation Agreement Against Crimes Related to Fisheries. Considering the broad and emerging nature of Crimes Related to Fisheries, however, could not be solved accordingly by finding the recognition of IUUF as the form of Transnational Organized Crime. The initiative on establishing such agreement with the regional and market approach is trusted as the first practical solution taken by Indonesia to reduce the existence of Crimes Related to Fisheries, which at the same time strengthening the law enforcement for such crimes within the region. IntisariPenelitian ini bertujuan untuk menganalisa urgensi pembentukan “Perjanjian Kerjasama Regional Melawan Kejahatan Terkait dengan Perikanan”. Sifat “Kejahatan Terkait dengan Perikanan” yang luas serta terus berkembang tidak dapat serta merta diatasi dengan pengategorian IUUF sebagai bentuk dari Transnational Organized Crime. Inisiatif pembentukan perjnajian kerjasama dengan basis pendekatan kawasan dan pendekatan kawasan dipercaya mampu menjadi langkah awal bagi Indonesia serta menguatkan penegakan hukum untuk mengurangi kejahatan terkait di kawasan regional.
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Salako, Solomon E. "Transnational Corporations, Natural Resources and Conflict." International Law Research 9, no. 1 (July 3, 2020): 56. http://dx.doi.org/10.5539/ilr.v9n1p56.
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Transnational Corporations (TNCs) exploit natural resources, whether renewable as in the case of forests, fisheries and agricultural products or non-renewable as in the case of minerals or petroleum, in developing countries through their subsidiaries. TNCs’ exploitation of forests and acquisition of intellectual property rights in plants and animal breeding, based on the traditional knowledge of indigenous peoples developed over millennia, are in conflict with the rights of indigenous peoples to their territories, resources and traditional knowledge. TNCs also profit from conflict by trading natural resources that prolong wars; colluding with repressive governments to pervert political processes within a State; aiding and abetting crimes against humanity; and flagrantly violating human rights. This article explores the areas of conflict outlined above and examines the efficacy of the mechanisms for the control of TNCs whether legally binding or not. It is suggested that the only effective way of making TNCs accountable for their human rights violations and aiding and abetting crimes against humanity is the establishment of an international court with jurisdiction over corporations.
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Putri, Respati Triana, and Nanda Bayu Pamungkas. "Indonesia's Selective Policy Against Illegal Immigrants In The Framework Of Asean Cooperation." Journal of Law and Border Protection 2, no. 1 (May 29, 2020): 97–105. http://dx.doi.org/10.52617/jlbp.v2i1.187.
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The chaos that has occurred in several countries has resulted in population displacement aimed at finding new safe and conducive places to live. For example, this chaos is like war, bloody conflict, genocide, and so on. So that many people from conflict countries migrate to other countries to achieve a better standard of living. However, sometimes they do the migration without following the procedure or they are called illegal immigrants. Indonesia is one of the developing countries and transit countries where the geographical condition of Indonesia which is in the form of an archipelago makes access to and out of the country more freely and open. With this, the potential for transnational (transnational) crime increases. The potential of the Indonesian state in the occurrence of transnational crimes is an interesting matter to discuss. In this paper, the authors use normative legal research methods with qualitative data collection juxtaposed with descriptive analysis techniques so that the existing problems regarding transnational crimes can be presented comprehensively and informatively. So to deal with this problem, countries in ASEAN are demanded to be able to play an active role in taking preventive steps to prevent and minimize transnational crime in ASEAN countries and Indonesia.
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Marine, Frank J. "The effects of organized crime on legitimate businesses." Journal of Financial Crime 13, no. 2 (April 1, 2006): 214–34. http://dx.doi.org/10.1108/13590790610660926.
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PurposeThe purpose of this paper is to examine the development and nature of organized crime in the USA over the past 50 years, emphasizing organized crime's corruption and victimization of legitimate businesses and describing law enforcement's efforts to combat organized crime through specific case studies.Design/methodology/approachFirst, the paper analyzes the control over and corruption of legitimate businesses in the USA by the La Cosa Nostra (“LCN,” or the American Mafia), including the following industries: Las Vegas gaming; moving and storage; garment; waste – hauling; and, construction, and the following unions: the International Brotherhood of Teamsters; Laborers International Union of North America; and, the International Longshoreman's Association. The paper also describes law enforcement's successful efforts to combat such corruption through the use of criminal and civil racketeering laws and specific prosecutions. The paper then discusses the emergence in the mid‐1980s of non‐traditional organized crime groups in the USA, including various Asian ethnic groups and large‐scale human trafficking organizations that impact Europe and Asia as well as the USA.FindingsThe non‐traditional criminal groups not only prey on the legitimate businesses in ethnic Asian communities in the USA, but they also engage in complex crimes, alien smuggling, drug trafficking, credit‐card frauds, money laundering, and other financial crimes. There has emerged a new era for organized crime that began in the 1990s with the fall of the former Soviet Union and the emergence of transnational organized crime groups emanating from the nations comprising the former Soviet Bloc. These organized crime groups engage in a wide variety of economic crimes including extortion, fraud, illicit appropriation of natural resources, and public corruption. Such extensive corruption threatens the stability of some of these emerging nations.Originality/valueThis paper will be valuable to law enforcement offices and policy makers to assist them to understand the scope and nature of organized crime's adverse effects upon businesses and economic interests and to develop tools to combat such criminal activities.
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Sindhu Gautama, I. Nyoman. "Pemberatasan Kejahatan Internasional berdasarkan Mutual Legal Assistance Treaties (MLATs)." Jurnal Aktual Justice 4, no. 1 (June 10, 2019): 54–65. http://dx.doi.org/10.47329/aktualjustice.v4i1.474.
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The form of cooperation between countries in the practice of customary international law can be done through Mutual Legal Assistance Treaties (MLATs). This form of cooperation appears in the practice of eradicating international crimes, which are transnational or international crimes as an act of implementing other agreements, which have been carried out among the countries involved in it. Law enforcement efforts against international crimes can be carried out through extradition treaties. Apart from that, other international agreements, both bilateral and multilateral, or mutual legal assistance treaty or judicial assistance treaty between two or more countries. Mutual Legal Assistance Treaties (MLATs) also emerged because the eradication of crime was not sufficiently enforced by extradition agreements. More and more forms of Mutual Legal Assistance Treaties (MLATs) have been agreed upon, for example the United Nations Convention Against Corruption in 2003, the United Nations Conventions Against Transnational Organized Crime in 2000. Whereas at the ASEAN Regional level, the Treaty Mutual Legal Assistance in Criminal Matters in 2004. If this is well developed, especially in the State of Indonesia, then efforts and implementation in resolving these transnational problems can be overcome.
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Septin Puspoayu, Elisabeth, and Peni Jati Setyowati. "Illegal, Unreported, and Unregulated Fishing as Transnational Organized Crimes." SHS Web of Conferences 54 (2018): 05003. http://dx.doi.org/10.1051/shsconf/20185405003.
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IUU Fishing (Illegal, Unreported, and Unregulated Fishing) is a fishing activity conducted in territorial waters or EEZ of a country that is unlawfully or unlicensed, and it is not reported or incorrectly reported either on its operations or the data of the vessels and its catch to the authorized fisheries institution. IUU fishing criminals are often a group of foreign organized crime that may cause the implementation of legal proceedings against IUU fishing perpetrators will be more difficult due to the limitations of coastal state jurisdiction. IUU fishing has become a global threat because this crime has occurred in many countries and resulted in enormous losses to the coastal state. Therefore, IUU fishing needs to be recognized as a transnational organized crime. The classification of IUU fishing as an organized transnational crime will facilitate the process of eradicating the practice of IUU fishing because every country should cooperate in the settlement and prevention of IUU fishing crime. Thus, IUU fishing is not only the responsibility of the coastal state alone, but also the global responsibility.
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Miller, Michelle Hughes. "Book Review: Sex crimes: Transnational problems and global perspectives." Affilia 32, no. 4 (July 18, 2017): 580–81. http://dx.doi.org/10.1177/0886109917721444.
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Grosescu, Raluca. "Judging Communist Crimes in Romania: Transnational and Global Influences." International Journal of Transitional Justice 11, no. 3 (June 12, 2017): 505–24. http://dx.doi.org/10.1093/ijtj/ijx016.
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Rose, Gregory L. "Time for a Protocol on Transnational Environmental Crime?" Environmental Policy and Law 51, no. 1-2 (April 13, 2021): 75–80. http://dx.doi.org/10.3233/epl-219008.
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Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote international harmonisation of laws against environmental crimes. This article argues that the time is right to bring together certain elements of international environmental and transnational criminal law.
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Lessa, Francesca. "Operation Condor on Trial: Justice for Transnational Human Rights Crimes in South America." Journal of Latin American Studies 51, no. 2 (November 13, 2018): 409–39. http://dx.doi.org/10.1017/s0022216x18000767.
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AbstractIn May 2016, an Argentine federal court concluded a momentous trial, convicting 15 defendants of illegal kidnappings and torture committed against over 100 victims of Operation Condor, and ofasociación ilícita(‘illicit association’: conspiracy to commit a criminal offence) to perpetrate these violations. Operation Condor was the codename given to a continent-wide covert operation devised in the 1970s by South American regimes to eliminate hundreds of left-wing activists across the region. The Operation Condor verdict of 2016 broke new ground in human rights and transitional justice, for its innovative focus on transnational crimes and for holding state agents accountable for extraterritorial human rights violations. By analysing this pioneering case, the article brings the question of cross-border crimes into academic debate. As borders become more porous, scholars and practitioners can no longer afford to side-line the topic of accountability for transnational crimes.
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Falode, Adewunmi James. "Small Arms and Light Weapons (SALW) and Transnational Crime in Africa." Vestnik RUDN. International Relations 20, no. 1 (December 15, 2020): 158–69. http://dx.doi.org/10.22363/2313-0660-2020-20-1-158-169.
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This paper analyses the role of the arms trade in the growth and spread of transnational crime in Africa. The work shows that the proliferation and ready availability of Small Arms and Light Weapons (SALW) on the continent is contributing in no small measure to political, economic and social insecurity in Africa. Major transnational crimes that the work identifies in Africa include drug trafficking, human and people trafficking, environmental crimes, arms trafficking and stolen vehicle trafficking. The work uses qualitative research methodology, which involves the extensive collection, collation and analysis of secondary data, to capture the essence and scope of the impacts of SALW on the growth and spread of transnational crime on the continent. A major and significant contribution of the work is the crucial connection that it establishes between the proliferation of SALW and the high incidence and recurrence of transnational crime in Africa. The work shows the destabilizing impacts of the proliferation of SALW in Africa and how these is contributing to the recurrence of conflicts and criminal activities on the continent. In its conclusion, the work recommends that in order for states on the continent to be able to proactively tackle transnational crime and the proliferation of SALW, they will have to do the following: carry-out an extensive and critical survey to create a database that will identify the nature of the different transnational crime that is carried-out in each regions; create (where it does not exist) and, strengthen and implement (where it exist) legislations and laws designed to tackle transnational crime; and encourage interagency cooperation and coordination among the affected states in the regions.
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Kamaruddin, Hanim, and Muhamad Azham Marwan. "Towards extra-jurisdictional environmental management in combating transnational environmental crimes in Malaysia from a legal aspect." International Journal of Engineering & Technology 7, no. 2.10 (April 2, 2018): 26. http://dx.doi.org/10.14419/ijet.v7i2.10.10948.
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Environmental deterioration in Southeast Asia region can be attributed to illegal logging and timber smuggling which contributes to deforestation, wildlife smuggling, black-market transactions in ozone-depleting substances and dumping of other forms of hazardous wastes and chemical, illegal open burning incidents that can lead to air pollution contributing to transnational impacts. Controlling activities that are taking place within one State resulting to environmental impacts in another State is not uncommon in environmental issues and thus, such activities are construed as environmental crimes at times. Hence, any illegal activities within another jurisdiction must be addressed efficiently as the conduct of such activities are becoming increasingly sophisticated and complex partly due to the nature of transnational activities that operate beyond national boundaries. This article will discuss transnational environmental crime in Malaysia and Southeast Asia region and assess the application of adopting extra-jurisdictional approach to combat transnational environmental crime by drawing the example from Singapore’s experience of passing the Transboundary Haze Pollution Act 2014 to tackle challenges of haze pollution that are caused by activities in another State. The finding of this article suggests that extra-jurisdictional legislation is a common management tool in international law based on the international principle of territorial sovereign applies to conduct of a State within its territory. There seemed to be an exception that stems from a principle known as ‘objective territoriality principle’ under international law that allows another State to make claims against another State that commits environmental crime resulting to transnational impacts. The efficiency of extra-jurisdictional approach will be analysed based on Malaysia’s experiences in tackling transnational environmental crimes by reviewing domestic policies, local legislations and relevant international agreements to ensure that environmental protection is sustained.
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Azizurrahman, Sy Hasyim, Garuda Wiko, and Elyta Elyta. "Law Enforcement, Security, and Transnational Crime." 12th GLOBAL CONFERENCE ON BUSINESS AND SOCIAL SCIENCES 12, no. 1 (October 8, 2021): 25. http://dx.doi.org/10.35609/gcbssproceeding.2021.12(25).
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The border area between Indonesia and Malaysia is one of the border areas with a high transnational crime rate. Both the Indonesian and Malaysian governments have tightened the procedures to enter and leave the two countries' territory. However, the illegal movements of goods and people still occur frequently, caused by many rat runs connecting both countries. This paper uses a qualitative research method. The literature study was used as a method of collecting data in this study. This paper was made to determine the Indonesian government's progress in creating order and security for the people in the border areas from trans-border crimes. It is apparent that in terms of law enforcement, the Indonesian government strives to enforce rules based on the applicable customs laws without prejudice to the regulations of values and customary laws adhered to by communities of Indonesia and Malaysia. Through the Resort Police (Polres), the Indonesian government must pay attention to the provision of protection and services to their people in the process of enforcing the law. The Polres as investigators, coordinating with the Attorney to carry out the pre-prosecution stage of the perpetrators of crimes. The Polres is also coordinating with several related institutions, such as Customs and Excise and the Indonesian National Narcotics Agency (BNN), to better control the flow of illegal goods that enters and leaves Indonesia. Keywords: Law Enforcement; Security; Transnational Crime
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MAKSIMENTSEV, MAKSYM, and NADIIA MAKSIMENTSEVA. "The Global Impact of Exercising Extraterritorial Jurisdiction Over Transnational Corporate Environmental Crimes in Extractive Industries." Право України, no. 2020/04 (2020): 278. http://dx.doi.org/10.33498/louu-2020-04-278.
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This article relates to contemporary topic, deals with subsoil use crimes and explores this as a subtype of environmental crimes committed by transnational corporations discussing the importance of choosing proper jurisdiction, and examines crimes in the field of subsoil use as a specific component of environmental crimes committed by transnational corporations involved in resource extraction and mining across the world. Their environmental harm, contribution to poverty and unfair utilization of resources is driven by greed and lure, and has long been heavily protected by legal jurisdictional cover-ups, which are now under scrutiny due to the globally evolving trend of exercising extraterritorial jurisdiction over certain torts committed by extractive industry operators. Appropriate criminological theories and studies of general and green criminology along with environmental justice are reviewed and reflected on. The author refers to unfair correlation of natural wealth and poverty, comes across the Brantinghamian definition of “crime” before turning to Sutherland’s conception of white-collar crime. The article also presents content analysis and case studies of the undergoing litigations, namely the case of Trafigura and Royal Dutch Shell.In concluding notes suggestions are offered for the future of environmental justice and the prevention of environmental crimes in extractive industries and mining.
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Cross, Matthew E. "Equipping the Specialist Chambers of Kosovo to Try Transnational Crimes." Journal of International Criminal Justice 14, no. 1 (March 2016): 73–100. http://dx.doi.org/10.1093/jicj/mqw008.
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Magherescu, Delia. "PARTICULARITIES OF THE FORENSIC SCIENCE INVESTIGATION OF TRANSNATIONAL SERIOUS CRIMES." IUS ET SCIENTIA 5, no. 2 (2019): 55–75. http://dx.doi.org/10.12795/iestscientia.2019.i02.04.
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Aliyev, Nazim, and Andrey Borbat. "Transnational Organized Crime in the Era of Globalization." Russian Journal of Criminology 14, no. 3 (June 30, 2020): 431–40. http://dx.doi.org/10.17150/2500-4255.2020.14(3).431-440.
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The authors analyze versatile manifestations of globalization, the internationalization of the global community development in the modern technogenic conditions, and conclude that these processes lead not only to positive, but, unfortunately, also to negative consequences. Specifically, they focus on the qualitative and quantitative changes in the heterogeneous structure of the so-called transnational organized crime. It is claimed that the most dangerous of them are cybercrimes, drug-related crimes, and human trafficking, which became the object of theoretical and empirical research. The study of international and national materials made it possible to apply a multi-aspect approach to the analysis of the normative basis and statistical data in this sphere. The authors identify the trends and regularities in the development of modern drug-related crimes in the plain of global and local socio-political, economic and legal phenomena; they also identify the priorities for the work of government bodies, including law enforcement agencies, aimed at counteracting these crimes. For cybercrimes, the authors outline the scope of the most dangerous types of illegal activities against national and economic security of states, against the rights and freedoms of their citizens; primarily, they single out the spread of terrorist threats, fraud related to financial and commercial information, personal data, etc. They analyze the clauses of the basic international normative legal act on counteracting cybercrime - the Budapest Convention of the Council of Europe - and pay special attention to the differentiation of crimes while taking into account this type of illegal activity, as well as the enforcement of the Convention in modern conditions. The essence of international terrorism is determined based on the statistical data and their correlation in one or another state; ideologically radical worldviews, separatism, personal ambitions of modern elites are recognized to be key prerequisites for this work. It is claimed that, as a type of transnational crime, global human trafficking is rather dangerous for modern society because of its considerable latency; its manifestations are described, it is also noted that a complex of preventive measures should be implemented at the international and national levels. The authors conclude that transnational crime is an urbanized deeply interconnected phenomenon that does not exist in a pure form and requires highly coordinated large-scale actions from the global and the national communities, as well as adequate professional training of law enforcement employees.
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Kadir, Nadiah Khaeriah, Judhariksawan Judhariksawan, and Maskun Maskun. "Terrorism and Cyberspace: A Phenomenon of Cyber-Terrorism as Transnational Crimes." FIAT JUSTISIA:Jurnal Ilmu Hukum 13, no. 4 (November 15, 2019): 333. http://dx.doi.org/10.25041/fiatjustisia.v13no4.1735.
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The advancement of information technology is changing the pattern of radical group propaganda from conventional methods to the ways they use today, namely using the media and cyberspace, or what is also called as cyber-terrorism. The purpose of this study is to discuss the emergence of the currently experienced cyber-terrorism phenomenon. It is normative research through a literature study method by approaching statutes. The results of this study indicate that cyber-terrorism is a part of cybercrime that is qualified as transnational crime which refers to Article 3 of the United Nations Convention against Transnational Organized Crime. Currently, there are several laws/regulations regarding terrorism at the national, regional and international levels. However, these rules do not specifically regulate new developments in acts of terrorism through cyberspace or what is known as cyber-terrorism.
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Coulthard, Lisa. "The Listening Detective: Thinking Music, Gender, and Transnational Crime’s Affective Turn." Television & New Media 19, no. 6 (April 27, 2018): 553–68. http://dx.doi.org/10.1177/1527476418768008.
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This essay argues that in extending the audiovisual convention of “thinking music” and focusing it on the traumatized mind of the female detective, crime series such as Top of the Lake (2013–), Marcella (2016–), and From Darkness (2015–) present female knowledge as fundamentally emotional, even irrational. In these series, the female detective is victimized, traumatized, troubled, and her thinking music is distorted, discordant, affectively charged. Arguing that the female detective’s “thinking” music moves away from the forensic mode’s “showing and telling” and toward “listening” as an investigatory model, this essay posits a sonic turn that recalibrates the genre’s engagement with the female victim along affective and emotional lines. Analyzing this trope, this essay connects the female detective’s sonically defined emotional investment to transnational crime drama’s self-reflexive strategies of affective legibility.
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Nguyen, Duc Hanh. "International cooperation and mutual legal assistance in criminal matters in handling with transnational wildlife trafficking crimes in Vietnam." E3S Web of Conferences 164 (2020): 11006. http://dx.doi.org/10.1051/e3sconf/202016411006.
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Wildlife crimes have been continuously increasing all over the world but particularly in ASEAN countries, and the criminals have employed more and more sophisticated tatics and strategies. Though many countries have introduced their own solutions to enhance the legal response and capacity to investigate, prosecute and adjudicate wildlife-related crimes, the results so far are under expectation. Vietnam has various types of wild, precious and rare flora and fauna; however, these numbers have rapidly decreased due to uncontrolled exploitation and illegal trade. Aiming to conserve and develop the nation’s biodiversity, the Penal Code 2015 (amended in 2017) and the Criminal Procedure Code 2015 have new regulations that incorporate international conventions that Vietnam has acceded to. At the same time, Vietnam has become a transit nation employed by transnational criminal organizations, so that in order to tackle wildlife crimes effectively, it is significant to develop and sustain active international cooperation and mutual legal assistance in criminal matters among Vietnam and other countries in the region, as well as from all over the world. In that spirit, this article will concentrate on analyzing the current situation of wildlife crimes that has international elements; identifying roots of difficulties, challenges in dealing with this type of crimes in Vietnam as well as in the region; then proposing recommendations and solutions to improve the quality of handling transnational wildlife crimes for the sake of species conservation, environment and biodiveristy protection for humankind.
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Norio, Elisa. "Why are tourist resorts attractive for transnational crime? The case of the Mayan Riviera." Tourism Critiques: Practice and Theory 2, no. 1 (February 22, 2021): 38–73. http://dx.doi.org/10.1108/trc-10-2020-0019.
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Purpose The relationships between tourist resorts and transnational crime are rarely analyzed systematically. This paper begins to fill this gap by examining how organized crime groups and individuals linked to them can take advantage of tourist resorts to commit crimes.
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HATCHARD, JOHN. "COMBATING TRANSNATIONAL CRIME IN AFRICA: PROBLEMS AND PERSPECTIVES." Journal of African Law 50, no. 2 (October 2006): 145–60. http://dx.doi.org/10.1017/s0021855306000131.
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Transnational crime is a major problem for African states with corruption, trafficking of persons, drugs trafficking, environmental crime and the like posing a major threat to development and stability. This article examines three challenges that states must tackle in order to combat transnational crime effectively. The first is how to deal with criminals who operate outside the jurisdiction. The second concerns the investigation of crimes with a transnational element. The third challenge involves tracing and then recovering the proceeds of crime that have been moved out of the country where the crime occurred. Here the need for Western states to cooperate with those in Africa is highlighted. Drawing on examples from Lesotho and Nigeria in particular, it is argued that some progress is being made in meeting these challenges. However, the article notes that developing the political will to tackle transnational crime is fundamental to any lasting improvement.