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Journal articles on the topic 'Transnational challenges and jurisdiction'

Author: Grafiati

Published: 7 June 2025

Last updated: 2 August 2025

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1

Le Nguyen, Chat. "National criminal jurisdiction over transnational financial crimes." Journal of Financial Crime 27, no. 4 (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 a

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Onomrerhinor, F. A. Onomrerhinor. "UNIVERSAL JURISDICTION FOR TRANSNATIONAL CYBERCRIMES?" UCC Law Journal 3, no. 1 (2023): 119–51. http://dx.doi.org/10.47963/ucclj.v3i1.1253.

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Transnational cybercrimes (TNCCs) are cybercrimes occurring across several jurisdictions. The advancement of technology has brought about an increase in the sophistication, severity and comprehensiveness of incidents of cybercrimes such that cybercrimes can now be effortlessly transnational. In the main, however, the various legal responses to TNCCs have shown States consistently applying traditional territorially based rules to online activities by enacting laws that do not adequately address the borderless nature of the Internet. This paper examines the jurisdictional challenges of transnati

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Blaschke-Broad, Morgan. "International Abuses, EU Solutions: Using EU Structures to Address the Challenges of International Antitrust." Legal Issues of Economic Integration 49, Issue 1 (2022): 71–100. http://dx.doi.org/10.54648/leie2022004.

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Modern markets are increasingly international, online and unrestricted by geographic borders and territoriality. Competition regulation remains decidedly domestic in nature, restrained by principles of jurisdiction and state sovereignty in a way that multinational business is not. With the rise of online markets and transnational trade, legislators and regulators are increasingly expected to grapple with abuses of dominance which span multiple jurisdictions. However, traditional approaches to state sovereignty and prescriptive jurisdiction present fundamental challenges to the effective implem

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Bureš, Pavel. "Sovereignty and Transnational Corporations." Gdańskie Studia Prawnicze, no. 2(59)/2023 (June 15, 2023): 99–108. http://dx.doi.org/10.26881/gsp.2023.2.08.

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The position and role of transnational corporations (TNCs) vis-a-vis the concept of sovereignty is specific. TNCs operate as an organism (an economic and social reality of a net created by a mother society, subsidiaries, and their suppliers anchored in different jurisdictions). The article presents three areas where the interaction of a state’s sovereignty and TNCs is the most visible. First, it discusses the issue of self-limitation with respect to administrative jurisdiction in cases related to foreign direct investment and the risk to the host state in situations where such autolimitation i

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Aman, Sanaullah. "Cross-Border Alternative Dispute Resolution (ADR): Opportunities and Challenges." Journal of Asian Development Studies 14, no. 2 (2025): 1113–20. https://doi.org/10.62345/jads.2025.14.2.87.

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In an increasingly globalized world, cross-border commercial activities have surged, accompanied by a corresponding rise in international disputes. Traditional litigation, often perceived as costly, time-consuming, and complex in terms of jurisdiction, has prompted stakeholders to seek more efficient mechanisms, such as Alternative Dispute Resolution (ADR). This paper explores the evolving domain of cross-border ADR, highlighting both its promising potential and its inherent complexities. Key opportunities include enhanced cost-effectiveness, faster resolution, greater flexibility, preservatio

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Bigos, Oren. "Jurisdiction Over Cross-Border Wrongs On The Internet." International and Comparative Law Quarterly 54, no. 3 (2005): 585–620. http://dx.doi.org/10.1093/iclq/lei019.

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The internet presents challenges for private international law. One challenge relates to jurisdiction, which is traditionally based on territory. Transactions on the internet span many borders. When cross-border wrongs are committed they may lead to transnational litigation. This article examines the circumstances in which a court can exercise jurisdiction over a foreign defendant alleged to have committed a civil wrong over the internet. Section I examines the background to jurisdiction and the internet and sets the scope of the topic. Section n gives a brief summary of the internet and its a

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HATCHARD, JOHN. "COMBATING TRANSNATIONAL CRIME IN AFRICA: PROBLEMS AND PERSPECTIVES." Journal of African Law 50, no. 2 (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 t

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Mosakhlishvili, Levan. "JURISDICTION OF TRANSNATIONAL ADMINISTRATIVE-LEGAL ACTS IN THE PROCESS OF EUROPEAN INTEGRATION." VECTORS OF SOCIAL SCIENCES, no. 7 (April 18, 2024): 33–43. http://dx.doi.org/10.51895/vss7/mosakhlishvili.

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Transnational administrative-legal acts exhibit the feature of exerting influence not only within the jurisdiction of the originating state but also across the borders, encompassing the territories of other states. Such acts are one form of harmonization and "integration" of activities within the European Union. The European integration process entails progressively aligning and synchronizing laws, policies, and regulations across European Union member states to establish a unified market and foster deeper political and economic collaboration. This progression involved the delegation of specif

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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 (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 crim

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SADAT, LEILA. "Transjudicial Dialogue and the Rwandan Genocide: Aspects of Antagonism and Complementarity." Leiden Journal of International Law 22, no. 3 (2009): 543–62. http://dx.doi.org/10.1017/s0922156509990082.

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AbstractThe Rwandan genocide remains one of the most horrific atrocities of the twentieth century, resulting in the death of an estimated 500–800,000 human beings, massacred over a 100-day period. In the fourteen years since the genocide, attempts at justice and reconciliation in Rwanda have involved a delicate interplay between national legal systems and the international legal order. This article examines three fora in which Rwandans have been tried for involvement in the genocide: the International Criminal Tribunal for Rwanda, Rwandan courts including Gacaca tribunals, and French attempts

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Sieber, Ulrich, and Carl-Wendelin Neubert. "Transnational Criminal Investigations in Cyberspace: Challenges to National Sovereignty." Max Planck Yearbook of United Nations Law Online 20, no. 1 (2017): 239–321. http://dx.doi.org/10.1163/13894633_02001010.

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The internet has become a major place of business for criminals. Due to the properties of cyberspace, crime committed on or by means of the internet is typically transnational in nature. This poses a significant obstacle for law enforcement authorities. As a rule, transnational exercise of enforcement jurisdiction traditionally constitutes a violation of another State’s territorial sovereignty. But do the same rules apply in the ‘global cyberspace?’ This article examines the applicability of the principle of territorial sovereignty in cyberspace. It rejects solutions that treat cyberspace as a

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Heyvaert, Veerle. "Dislocation of Environmental Litigation – New Developments in Corporate Liability for Environmental Harm." European Business Law Review 35, Issue 3/4 (2024): 403–28. http://dx.doi.org/10.54648/eulr2024025.

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This paper examines recent developments in the field of the legal responsibility of corporate groups for environmental harm. It focuses on English and Dutch court rulings in Vedanta, Okpabi and Four Nigerian Farmers, as well as ongoing developments in the context of the SaMarco litigation, and argues that these cases demonstrate an increased judicial willingness to confront the transnational character of corporate decision making and its impact on the environment. This changed disposition has triggered three dynamics which the paper qualifies as three ‘productive dislocations’: a legal concept

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Domingos, Pedro. "EVALUATING THE ADMINISTRATION OF JUSTICE AND ABUSE OF PROCESS: A CRITICAL ANALYSIS OF THE MARIANA JURISDICTION CHALLENGE [2022] AND THE EUROPEAN SYSTEM OF LAW FOR CIVIL AND COMMERCIAL MATTERS FOR A THIRD STATE." Access to Justice in Eastern Europe 7, no. 2 (2024): 1–17. http://dx.doi.org/10.33327/ajee-18-7.2-a000204.

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Background: This research critically analyses the jurisdictional challenges and their implications for the proper administration of justice in the case of Mariana vs. BHP Group [2022] EWCA Civ 951. The legal route taken by the High Court of Appeal is examined, considering both the proceedings in the UK (pre-Brexit) and a third state (Brazil). This text examines the impact of the European legal framework on EU member states and evaluates the approach of UK towards Article 34 of the Brussels Regulation. The analysis examines whether pursuing damages based in civil or commercial liability suffere

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Oyaletor, Afe E. P. "Combating Transnational Organized Crimes Through Cross-Border Cooperative Legal Framework Amid Rising Spate of Terrorism, Human Trafficking and Drug Trafficking." International Journal of Research and Innovation in Social Science IX, no. VI (2025): 401–18. https://doi.org/10.47772/ijriss.2025.90600034.

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Transnational Organized Crimes, otherwise referred to as cross-border crimes, have become a phenomenon transmuting from one form to another as a result the zealous efforts of perpetrators at escaping justice, despite plethora of domestic, bilateral and multilateral treaties, conventions and protocols entered by cooperative nations to ward-off cross-border crimes. This study comprehensively evaluates the efficacy of various specialized international organizations, established laws and agencies set up to combat incidence of transnational organized crimes. The impacts of the United Nation and its

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Wen, Yizhou. "How Can the International Criminal Court (ICC) Address Financial Crimes Such as Money Laundering and Illicit Financial Flows That Are Central to Transnational Crime Networks?" Lecture Notes in Education Psychology and Public Media 95, no. 1 (2025): 31–35. https://doi.org/10.54254/2753-7048/2025.23029.

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This paper explores the role of the International Criminal Court (ICC) in addressing transnational financial crimes and the challenges facing it. Because of the acceleration of globalisation, crimes like money laundering, tax evasion, corruption, and terrorist financing have become common tools for global criminals. Since the ICC primarily prosecutes war crimes, genocide, and crimes against humanity, its current legal framework does not extend to financial crimes. By finding the ICCs jurisdictional limitations and real-world case studies, this paper reveals how gaps in international law create

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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 (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

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Kurasha, Primrose E. R. "South Africa's jurisdictional challenge with the under-development of cross-border commercial litigation: Litigation v Arbitration." De Jure 55, no. 1 (2022): 1–27. http://dx.doi.org/10.17159/2225-7160/2022/v55a1.

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Private international law is a globally established field of law however, its pre-eminence in Africa is insignificant and this has been as a result of its relevance, which according to many scholars is arguable. It follows logically therefore, that it is underdeveloped in Africa, and as this article posits, specifically in South Africa. This article advocates for the development of South African private international law by endorsing South Africa as a viable neutral jurisdiction venue for cross-border commercial disputes, in future. According to this article, this is to be achieved by the reco

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Menon, Sundaresh. "Arbitration and the Transnational System of Commercial Justice: Charting the Path Forward." Asian International Arbitration Journal 20, Issue 2 (2024): 67–86. http://dx.doi.org/10.54648/aiaj2024014.

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The pre-eminent place of arbitration in the international commercial dispute resolution landscape has been strengthened and secured by the legal institutions of the transnational system of commercial justice (or ‘TSCJ’). The courts, in particular, have done so in at least four ways: (1) by allocating jurisdiction appropriately between arbitral tribunals and other institutions; (2) by facilitating the enforcement of arbitral awards and preventing the relitigation of issues; (3) by setting sensible standards for the conduct of arbitration; and (4) by reinforcing rule of law norms within arbitrat

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Biswa, Astika. "International Human Rights Law: Enforcement Mechanisms and Challenges in a Globalized World." International Journal for Research Publication and Seminar 15, no. 2 (2024): 157–63. http://dx.doi.org/10.36676/jrps.v15.i2.20.

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A glimmer of hope in the fight for the promotion and protection of human dignity and basic human rights is international human rights law (IHRL). individuals worldwide. Yet, its efficacy depends heavily on the robustness of enforcement mechanisms and their adaptation to the complexities of a globalized world. This paper explores the various enforcement mechanisms within IHRL, ranging from international treaties and conventions to regional human rights bodies and domestic legal systems. It delves into the challenges facing these mechanisms, including issues of jurisdiction, state sovereignty, p

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Aristova, Ekaterina. "Tort Litigation against Transnational Corporations in the English Courts: The Challenge of Jurisdiction." Utrecht Law Review 14, no. 2 (2018): 6. http://dx.doi.org/10.18352/ulr.444.

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Nanima, Robert Doya. "The Prevention of Organised Crime Act 1998: The Need for Extraterritorial Jurisdiction to Prosecute the Higher Echelons of Those Involved in Rhino Poaching." Potchefstroom Electronic Law Journal 22 (October 11, 2019): 1–46. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5194.

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The continuous rising levels of rhino poaching in South Africa require smart strategies that move beyond prosecuting the actual poachers to engaging the transnational criminals who deal with the rhino horn after it leaves the country. In this regard, South Africa has a number of laws that deal with the poaching of rhino horns. The Prevention of Organised Crime Act 121 of 1998 (POCA) does not provide for the adequate prosecution of offenders outside South Africa. It is argued that the POCA has to be amended to provide for extraterritorial jurisdiction to deal with the prosecution of the higher

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Muchlinski, Peter. "Corporations In International Litigation: Problems of Jurisdiction and the United Kingdom Asbestos Cases." International and Comparative Law Quarterly 50, no. 1 (2001): 1–25. http://dx.doi.org/10.1093/iclq/50.1.1.

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In his seminal work The Multinational Challenge to Corporation Law Professor Phillip Blumberg assets that, “jurisdiction continues to be one of the most litigated areas involving the clash of enterprise and entity.”1 Indeed, in a world where business is increasingly conducted through the medium of economically integrated multinational enterprises (MNEs), the question of whether a forum has jurisdiction over disputes arising out of the operations of non-resident entities of the MNE brings into contrast the mismatch between the territorial reach of the legal system and the transnational reach of

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Li, Yuzheng. "A Study of Home State Responsibility in the Regulation of Forced Labor by Transnational Corporations." Advances in Economics, Management and Political Sciences 177, no. 1 (2025): 134–41. https://doi.org/10.54254/2754-1169/2025.22424.

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This paper focuses on the home state responsibility of transnational corporations(TNCs) in regulating forced labor. As globalization progresses, The issue of international firms using forced labor has been more apparent.It violates workers' human rights and has an impact on the reputation of businesses, the climate for investment, and the long-term viability of the world economy. The article provides an in-depth analysis of the theoretical basis of the home state's legal responsibility for the regulation of forced labor, covering the protection of general personality rights and personal jurisd

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MENON, Sundaresh. "The Transnational Protection of Private Rights: Issues, Challenges, and Possible Solutions." Asian Journal of International Law 5, no. 2 (2014): 219–45. http://dx.doi.org/10.1017/s204425131400023x.

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The global community faces the challenge of dealing with movements in opposite directions: the emphasis on decolonization and self-determination in the postwar world has encouraged the building of barriers and boundaries between jurisdictions, while globalization has encouraged the breaking or transcending of the same. This paper focuses on the legal protection of private economic rights in the transnational arena by considering the regulation of transnational economic relationships at three different levels: (a) where a party's rights are not regulated or governed by any contract; (b) where t

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Low, Lucinda A. "Dealing with Allegations of Corruption in International Arbitration." AJIL Unbound 113 (2019): 341–45. http://dx.doi.org/10.1017/aju.2019.61.

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With the rise of corruption as a subject of international instruments and the convergence of obligations around its prevention, detection, and remediation in both the public and private sectors, corruption has increasingly figured as an issue in international arbitration. Indeed, its acceptance as a public policy issue at both the international and transnational levels has resulted in the need for tribunals, in both commercial and investor-state disputes, to grapple with questions of jurisdiction, admissibility, and consequences, as well as standards of proof. As this essay demonstrates, the c

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Berger Richardson, Sarah, and Nadia Lambek. "Federalism and fragmentation: Addressing the possibilities of a food policy for Canada." Canadian Food Studies / La Revue canadienne des études sur l'alimentation 5, no. 3 (2018): 28–48. http://dx.doi.org/10.15353/cfs-rcea.v5i3.281.

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Canadian federalism poses unique challenges for the development of a national food policy. Under the Constitution Act, 1867, the federal government and the provinces are granted powers to govern exclusively in certain areas and to share jurisdiction in others. Where one level of government has exclusive jurisdiction, the other level of government is not permitted to interfere. However, good food system governance requires addressing policy coherence and coordination horizontally, across sectors such as agriculture, trade, health, finance, environment, immigration, fisheries, social protection,

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Paparinskis, Martins. "Immunities and Criminal Jurisdiction (Equatorial Guinea v. France): Preliminary Objections (I.C.J.)." International Legal Materials 58, no. 1 (2019): 1–70. http://dx.doi.org/10.1017/ilm.2019.1.

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On June 6, 2018, the International Court of Justice (Court) rendered a judgment on preliminary objections in the case of Immunities and Criminal Proceedings (Equatorial Guinea v. France). France had made three preliminary objections: two related to the Court's jurisdiction on the basis of, respectively, United Nations Convention Against Transnational Organized Crime (Palermo Convention) and the Optional Protocol to the Vienna Convention on Diplomatic Protection (VCDR) concerning the Compulsory Settlement of Disputes (Optional Protocol), and the third challenged admissibility for abuse of proce

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O'Neill, Maria. "International Business Encounters Organized Crime: The Case of Trafficking in Human Beings." German Law Journal 19, no. 5 (2018): 1125–47. http://dx.doi.org/10.1017/s2071832200022975.

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AbstractWith increasing globalization, transnational crime in general, and human trafficking in particular, a design of new legal framework is required in order to effectively operationalize interstate law enforcement operations and prosecutions. The development of a transnational criminal legal framework—or frameworks—can build on pre-existing transnational economic frameworks. There is also the need to extend the application of domestic law beyond national borders to influence transnational corporate behavior. Regulations based on reflexive law are one possible approach. Teubner's idea of re

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Hammad Khan, Syed, Muhammad Hamza Zakir, Arsalan Tayyab, and Shazia Ibrahim. "The Role of International Law in Addressing Transnational Organized Crime." Journal of Asian Development Studies 13, no. 1 (2024): 283–94. http://dx.doi.org/10.62345/jads.2024.13.1.24.

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This study delves into the pivotal role of international law in combatting transnational organized crime. This phenomenon has significantly evolved and expanded in its scope and complexity. The paper begins with an introduction to transnational organized crime and the critical importance of international law in addressing these challenges. It then provides a historical background, tracing the evolution of these crimes and the corresponding development of international legal frameworks. Further, the paper categorizes various types of transnational organized crime. A comprehensive analysis of ke

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Holly, Gabrielle. "Challenges to Australia's Offshore Detention Regime and the Limits of Strategic Tort Litigation." German Law Journal 21, no. 3 (2020): 549–70. http://dx.doi.org/10.1017/glj.2020.26.

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AbstractAustralia's offshore detention regime has been the subject of numerous attempts to seek accountability for harm caused to detainees using legal and other avenues in Australia. This Article examines recent strategic litigation actions against the Australian government and the corporate contractors engaged in offshore detention, including: Kamasaee v. Commonwealth; AUB19 v. Commonwealth; and actions seeking injunctions requiring the Australian government to airlift detainees to Australia for medical treatment. While these actions have vindicated the rights of those in offshore detention

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Samuel J., Kakungulu. "Transnational Legal Practices: Communicating Across Borders." RESEARCH INVENTION JOURNAL OF CURRENT RESEARCH IN HUMANITIES AND SOCIAL SCIENCES 4, no. 1 (2025): 55–60. https://doi.org/10.59298/rijcrhss/2025/415560.

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Transnational legal practices are increasingly vital in a globalized economy where cross-border financial transactions, corporate liability, and legal compliance demand specialized expertise. However, legal frameworks often lag behind the rapid evolution of international business, creating regulatory gaps and ethical dilemmas. Effective communication is central to addressing these challenges, yet it is frequently impeded by linguistic, cultural, and technological barriers. This paper examines key legal principles in transnational settings, the role of technology in facilitating cross-border le

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Ong, David M. "Regulating environmental responsibility for the multinational oil industry: continuing challenges for international law." International Journal of Law in Context 11, no. 2 (2015): 153–73. http://dx.doi.org/10.1017/s1744552315000051.

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AbstractStates utilise international law to create opportunities within global markets for private transnational economic actors, such as multinational oil companies, to invest and/or operate within foreign jurisdictions. However, there is a lack of directly enforceable international mechanisms against these private actors when they cause environmental damage abroad. International law responses to this problem range from the establishment of international compulsory compensation schemes, the proposed expansion of the doctrine of state responsibility to include liability for private actors, and

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Voroniatnikov, O. O. "Activities of international institutions and organizations in the fight against crime." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 848–53. https://doi.org/10.24144/2788-6018.2025.01.141.

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Relevance of the research topic is determined by modern challenges in the field of international security and law and order, associated with the growing scale of crime that extends beyond national jurisdictions. Globalization, the development of information technologies, and the expansion of cross-border cooperation have significantly complicated the fight against transnational crime. In this context, international institutions and organizations play a crucial role in coordinating state efforts, developing joint strategies, and ensuring effective justice. The article examines the activities of

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Onomrerhinor, Flora Alohan. "Eliminating Safe Havens for Transnational Cybercrimes in the African Continental Free Trade Area." Journal of Intellectual Property and Information Technology Law (JIPIT) 2, no. 1 (2022): 49–81. http://dx.doi.org/10.52907/jipit.v2i1.206.

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The continuous advancement in technology makes cybercrimes effortlessly transnational. Existing literature reveals that the inadequacies of cybercrime-specific legislations, procedural powers, and enforceable mutual legal assistance provisions constitute jurisdictional challenges to the prosecution of transnational cybercrimes (TNCCs). This paper appraises the adequacy of legal responses to jurisdictional challenges of TNCCs in the African region, especially the African Union Convention on Cyber Security and Personal Data Protection (the Malabo Convention). It argues that the presence of state

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Wheeler, Caleb H. "Human Rights Enforcement at the Borders." Journal of International Criminal Justice 17, no. 3 (2019): 609–31. http://dx.doi.org/10.1093/jicj/mqz029.

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Abstract In September 2018, Pre-Trial Chamber I of the International Criminal Court (ICC) reached a decision that could profoundly impact accountability for transnational human rights violations. In its decision, the Pre-Trial Chamber found that it has jurisdiction over the crime against humanity of deportation as it relates to the government of Myanmar’s treatment of the Rohingya ethnic group. This decision is remarkable for the fact that Myanmar is not a state party to the Rome Statute and therefore not directly subject to the ICC Statute. The Court circumvented this problem by ruling that a

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Karamuço, Ervin, and Admir Abrija. "Investigation of Transnational Crimes in the Field Of Customs: Novelties of Directive (Eu) 2017/1371." Interdisciplinary Journal of Research and Development 12, no. 1 (2025): 41. https://doi.org/10.56345/ijrdv12n105.

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Transnational crimes in the customs area constitute a major challenge for national economies, being closely linked to the national security of states and international security as a whole. These criminal activities mainly include smuggling, tax evasion, trafficking in prohibited goods, narcotics, waste, works of art, archaeological sites, etc. These crimes, in addition to their direct impact on state revenues and legitimate trade, can seriously undermine public order and finance criminal and terrorist networks. Likewise, environmental crimes, such as trafficking in hazardous substances and tox

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Minas, Stephen. "Marine Technology Transfer under a BBNJ Treaty: A Case for Transnational Network Cooperation." AJIL Unbound 112 (2018): 144–49. http://dx.doi.org/10.1017/aju.2018.46.

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Our ability to protect and sustainably use the high seas is ultimately subject to our ability to understand this vast and remote environment. The success of an international legally binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) will depend, in part, on utilizing technology to access ocean life, to analyze it, and to implement measures for its conservation and sustainable use. Indeed, technology, broadly defined, is integral to meeting the ILBI's objectives: not just the mandate to address “capacity

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Laksito, Joni, Maulana Fahmi Idris, and Agus Waryanto. "Hak dan Kewajiban Negara dalam Mengatasi Kejahatan Lintas Batas di Era Digital: Pendekatan Analisis Normatif." Hakim: Jurnal Ilmu Hukum dan Sosial 2, no. 4 (2024): 774–90. https://doi.org/10.51903/hakim.v2i4.2154.

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The digital era has significantly increased the complexity of cross-border crimes, particularly cybercrime, which poses substantial challenges for countries, including Indonesia. With a reported rise in cross-border cybercrime incidents of over 50% in the last five years, Indonesia faces critical legal and technical hurdles in combating such threats. This study explores the rights and obligations of states in addressing cross-border cybercrime, focusing on comparing Indonesia's legal framework with international standards, specifically the Budapest Convention. Employing a normative analytical

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METHVEN O’BRIEN, Claire. "The Home State Duty to Regulate the Human Rights Impacts of TNCs Abroad: A Rebuttal." Business and Human Rights Journal 3, no. 1 (2018): 47–73. http://dx.doi.org/10.1017/bhj.2017.29.

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AbstractScholars have suggested that ‘home’ states of transnational corporations (TNCs) have a legal duty to protect against human rights abuses occurring in ‘host’ states that may be breached by failure to regulate TNCs’ extraterritorial activities. This article challenges the claim that such a duty of home states to regulate TNCs’ extraterritorial human rights impacts can be said currently to exist as a matter of law. The article first summarizes the general structure of arguments made in favour of such a ‘home state duty to regulate’. It then considers the foundations and meanings of extrat

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Jin young Hwang. "The evolution of sovereignty in the context of global governance and international law." International Journal of Science and Technology Research Archive 8, no. 2 (2025): 051–61. https://doi.org/10.53771/ijstra.2025.8.2.0037.

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This research investigates various environmental crimes which include unlawful deforestation besides industrial pollution and newly accepted "ecocide" posing a substantial threat to global ecosystems as well as human populations throughout the world. Environmental crimes hurt two or more countries together with ecosystems but go undetected because international criminal law has inadequate attention to these transnational problems. The International Criminal Court under the Rome Statute assumes responsibility for prosecuting international crimes that include genocide alongside war crimes and cr

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АБАДИХА, Мостафа, and Наталия Сергеевна ЛАТЫПОВА. "THE INVESTMENT PROTECTION AT SEA UNDER THE INVESTMENT TREATIES: TACKLING THE PROBLEM OF TRANSNATIONAL INVESTMENTS." Rule-of-law state: theory and practice 17, no. 2(64) (2021): 150–66. http://dx.doi.org/10.33184/pravgos-2021.2.13.

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According to the provisions of investment agreements, one of the terms of investment at sea is the nexus between the investment and the maritime zones of the host state. Therefore, an investment is under treaty protection when it is under the geographical realm of states. Hence, the protection status beyond the state maritime boundaries is facing problems. Today, lack of clear rules in this filed can create challenges for the future investments as well. Purpose: to show how investment protection of international investment agreements beyond the states jurisdiction at sea can be created. Method

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Prihandono, Iman. "Litigating Economic, Social and Cultural Rights against Transnational Corporations in Indonesian Court." Hasanuddin Law Review 3, no. 3 (2017): 246. http://dx.doi.org/10.20956/halrev.v3i3.1152.

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States should take appropriate steps to ensure the effectiveness of domestic judicial mechanisms when addressing business-related human rights abuses. These steps may include ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy. To a certain degree, these problems exist in Indonesia’s judicial remedy mechanism. This article examines court decisions in five cases involving Transnational Corporations (TNCs). These decisions are examined to identify challenges and opportunities in bringing a case on ESC rights violations against TNCs. It is f

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Mason, Michael. "The Governance of Transnational Environmental Harm: Addressing New Modes of Accountability/Responsibility." Global Environmental Politics 8, no. 3 (2008): 8–24. http://dx.doi.org/10.1162/glep.2008.8.3.8.

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Transboundary and global environmental harm present substantial challenges to state-centered (territorial) modalities of accountability and responsibility. The globalization of environmental degradation has triggered regulatory responses at various jurisdictional scales. These governance efforts, featuring various articulations of state and/or private authority, have struggled to address so-called “accountability deficits” in global environmental politics. Yet, it has also become clear that accountability and responsibility norms forged in domestic regulatory contexts cannot simply be transpos

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Shahzada Aamir Mushtaq and Fraz Ashraf Khan. "The Curve Of Cross Border Cartel Enforcement (Challenges and Remedies in Global Business Environment)." Journal of Accounting and Finance in Emerging Economies 6, no. 1 (2020): 73–86. http://dx.doi.org/10.26710/jafee.v6i1.1052.

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The purpose of this article stated that the global economic arena has taken new insights across the shore of nations. THE new economic challenges are waiting for the anti-trust enforcers to make sure strict compliance with the antitrust laws and in addition this dissertational work highlights the incipient violations across the borders and suggests its possible legel outcoms in the near future in order to make the economic market a level playing field for any business entrants. It particularly shed light on the cross border cartels and their effects on the relevant market, additionally we have

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Cai, Jiahui. "Dilemmas in the International Regulatory Framework for Transboundary Pollution Transfer." Lecture Notes in Education Psychology and Public Media 104, no. 1 (2025): 31–39. https://doi.org/10.54254/2753-7048/2025.ht24970.

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In the globalized context, transboundary pollution transfer is a significant environmental issue between developed and developing countries. This paper, through case analysis, focuses on two typical phenomena: unauthorized hazardous waste transfer and transnational corporations legal pollution discharge exploiting legal loopholes. It uncovers the legal disputes arising therefrom. The root causes lie in the soft law nature and judicial challenges of international environmental law, such as WTO jurisdictional barriers, transnational corporations liability evasion, and developed countries rule -

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Littlechild, Brian, and Carolyn Housman. "Applying Universal Principles of ‘Best Interest’: Practice Challenges across Transnational Jurisdictions, Cultural Norms, and Values." Children 10, no. 3 (2023): 537. http://dx.doi.org/10.3390/children10030537.

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This article sets out key issues in determining and upholding the best interests of children, in need of social service support, who have family networks that span outside of the UK. These issues are then analysed against whether and how child protection professionals take these into account along with an overall consideration of the United Nations Convention on the Rights of the Child’s (UNCRC) ‘best interests of the child’, when assessing and planning for those needs in kinship care cases. Building on these themes, the findings of an exploratory study on international kinship care cases carr

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Eaton, Kent. "Latin American Politics and the Subnational Comparative Method: Vertical and Horizontal Challenges." Latin American Politics and Society 62, no. 3 (2020): 149–72. http://dx.doi.org/10.1017/lap.2020.10.

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ABSTRACTDecentralization has triggered widespread use of the subnational comparative method in the study of Latin American politics. Simultaneously, it has created challenges for this method that deserve careful attention. While subnational governments after decentralization can often be treated as potentially autonomous policy jurisdictions, their autonomy is also subject to new constraints and incursions, which may limit scholars’ ability to treat them as relatively independent units. By taking stock of the vibrant literature that has emerged in recent years, this article explores three majo

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Bolatbekkyzy, G. "Legal Issues of Cross-Border Data Transfer in the Era of Digital Government." Journal of Digital Technologies and Law 2, no. 2 (2024): 286–307. http://dx.doi.org/10.21202/jdtl.2024.15.

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Objective: to identify the main legal factors of cross-border data exchange in the context of digital technology proliferation and government digitalization, including legal guarantees, security issues, cybersecurity risks, approaches to regulating and improving the efficiency of data management in various jurisdictions.Methods: the study relies on synthesis and critical analysis of various aspects of the stated problem, including analysis of primary and secondary sources. By the example of the regulatory policies of China, the US, the EU and EAEU member states, different approaches regarding

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Simangunsong, Rini T., and Dina M. Situmeang. "Juridical Review of Human Trafficking as a Transnational Crime." Journal of Law and Economics 4, no. 1 (2025): 1–9. https://doi.org/10.56347/jle.v4i1.230.

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Human trafficking across national borders represents a critical challenge to Indonesia's national security and human rights protection. This study aims to evaluate the effectiveness of international cooperation mechanisms in counter-trafficking efforts and analyze the strategic approaches implemented by Lemhannas RI (Indonesia's National Resilience Institute) and BNPP (National Border Management Agency) in combating transnational crime at Indonesia's borders. This research employs a descriptive-qualitative methodology through document analysis, policy review, and examination of legal framework

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Flora, Henny Saida, Kailie Maharjan, Elladdadi Mark, Jimmy Rian Fernando, and Idrus Alghiffary. "Reform of Criminal Procedure Law in Dealing with Transnational Cyber Crime." Rechtsnormen: Journal of Law 2, no. 3 (2024): 323–33. https://doi.org/10.70177/rjl.v2i3.1293.

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Background: The rapid advancement of technology has led to a significant increase in transnational cybercrime, posing serious challenges to existing criminal procedure laws. Traditional legal frameworks often fall short in addressing the complexities and borderless nature of cybercrimes, necessitating comprehensive reforms to enhance international cooperation and effective law enforcement. Objective: This research aims to analyze the current inadequacies in criminal procedure laws regarding transnational cybercrime and propose necessary reforms to strengthen legal frameworks, ensuring efficien

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