Transnational Legal Ordering of Criminal Justice最新文献

Transnational Criminal Law or the Transnational Legal Ordering of Corruption? 跨国刑法还是腐败的跨国法律秩序?

Transnational Legal Ordering of Criminal Justice Pub Date : 2020-07-02 DOI: 10.1017/9781108873994.003

Radha Ivory

{"title":"Transnational Criminal Law or the Transnational Legal Ordering of Corruption?","authors":"Radha Ivory","doi":"10.1017/9781108873994.003","DOIUrl":"https://doi.org/10.1017/9781108873994.003","url":null,"abstract":"To date, “transnational criminal law” has been the dominant paradigm for explaining and mapping rules on corruption in the international legal literature. Transnational criminal law is presented as a system of law descending from multilateral crime control treaties or a field or order that emerges through international political processes of regime formation. Transnational criminal lawyers identify and describe cross-border legal rules, and seek to evaluate them against liberal norms of democratic governance and individual civil and political human rights. This Article details the limits of transnational criminal conceptions of “anticorruption” through a study of proposed changes to Australian laws on corporate foreign bribery. Drawing on primary and secondary documentary sources, domestic and international, it shows that the emerging antipodean rules are only partially transnational, as that term is understood in transnational criminal law theory. Likewise, multilateral “suppression conventions” and related soft laws are but one impetus for the proposed changes to Australian federal anticorruption legislation. Rather, as the transnational legal ordering literature suggests, a recursive process appears to be at work between international organizations and local legislators, as well as transnational non-state actors, both charities and businesses. This process is marked by moments of borrowing from (former) patrons, the US and the UK. However, it is also punctuated by themes of modernization, economic efficiency, and reputation. In addition, Australian anti-corruption activities may result not just in changes to national criminal law, but also in the development of “new” – and controversial – techniques of governance.","PeriodicalId":208467,"journal":{"name":"Transnational Legal Ordering of Criminal Justice","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132496225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Conclusions 结论

Transnational Legal Ordering of Criminal Justice Pub Date : 2020-07-02 DOI: 10.1017/9781108873994.012

S. Merry

引用次数: 0

The Transnational Legal Ordering of the Death Penalty 死刑的跨国法律秩序

Transnational Legal Ordering of Criminal Justice Pub Date : 2020-07-02 DOI: 10.1017/9781108873994.010

{"title":"The Transnational Legal Ordering of the Death Penalty","authors":"","doi":"10.1017/9781108873994.010","DOIUrl":"https://doi.org/10.1017/9781108873994.010","url":null,"abstract":"A transnational legal order (TLO) authoritatively shapes “the understanding and practice of law” in a specific area of social activity, involving both state and civil society actors, and linking national, regional, and international levels. We argue that a TLO has emerged and settled since 1945 around capital punishment. Our analysis of the death penalty TLO treats “bottom-up” and “top-down” effects as interconnected, addresses the creation of legal order at both national and international levels, and emphasizes the recursivity linking developments at both levels. We trace the development of death penalty abolition from its origins in the immediate aftermath of World War II. Because the practical effects of abolition—in shaping legal and penal practice—necessarily occur at the national level, the analysis focuses on the international, transnational, and domestic factors that lead states to end capital punishment. After describing the emergence of a TLO abolishing the death penalty, we offer a new way of measuring the global and country-specific activities of transnational advocacy groups (Human Rights Watch and Amnesty International). We incorporate that measure in an analysis of data from about 150 countries. The central hypothesis is that making the TLO on capital punishment effective through abolition in national law requires modes of political action that overcome majoritarian public support for retention. We suggest two domestic institutional features that make abolition more likely despite retentionist popular opinion: proportional representation in the legislature and independent courts. We also suggest that transnational non-governmental organizations (NGO) and some regional organizations can support the move to abolish. The data analysis is largely consistent with these propositions and brief case studies illustrate the principal mechanisms.","PeriodicalId":208467,"journal":{"name":"Transnational Legal Ordering of Criminal Justice","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132798500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Index 指数

Transnational Legal Ordering of Criminal Justice Pub Date : 2020-07-02 DOI: 10.1017/9781108873994.013

引用次数: 0

International Prison Standards and Transnational Criminal Justice 国际监狱标准和跨国刑事司法

Transnational Legal Ordering of Criminal Justice Pub Date : 2020-07-02 DOI: 10.1017/9781108873994.009

引用次数: 1

Transnational Criminal Law in a Globalized World 全球化世界中的跨国刑法

Transnational Legal Ordering of Criminal Justice Pub Date : 2020-07-02 DOI: 10.1017/9781108873994.004

Prabha Kotiswaran

引用次数: 0

The Strange Career of the Transnational Legal Order of Cannabis Prohibition 大麻禁令跨国法律秩序的奇特历程

Transnational Legal Ordering of Criminal Justice Pub Date : 2020-07-02 DOI: 10.1017/9781108873994.006

Ely Aaronson

引用次数: 2

Cambridge Studies in Law and Society 剑桥法律与社会研究

Transnational Legal Ordering of Criminal Justice Pub Date : 2015-03-01 DOI: 10.1017/9781108873994.014

Nick Cheesman

引用次数: 0