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Book Title: Research Handbook on Transnational Crime
Editor(s): Mitsilegas, Valsamis; Hufnagel, Saskia; Moiseienko, Anton
Publisher: Edward Elgar Publishing
Section: Chapter 2
Section Title: Legal responses to transnational crime: a global perspective
Author(s): Mitsilegas, Valsamis
Number of pages: 12
Abstract/Description:
The chapter will provide a comprehensive typology of norm-making in transnational criminal law, by focusing on both the adoption of norms at the global level and on issues of implementation and compliance. The chapter will look in particular at how the making of global standards in transnational criminal law has shifted from traditional forms of international law-making – namely multilateral international treaties – to other forms of governance including regionalism, ‘soft’ or ‘informal’ law and ‘global administrative law’. The interaction and inter-relationship between these forms of governance in the development of a multi-level paradigm of global governance of transnational crime will be highlighted and the implications of this paradigm on justice and the rule of law will be explored. Questions on justice will focus on issues of inter-state justice, but also on the impact of transnational criminal law on domestic criminal justice systems. A number of parallel and innovative processes of internationalisation and globalisation will be highlighted in this context and their impact on law-making in a complex global arena will be explored.
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URL: http://www.austlii.edu.au/au/journals/ELECD/2019/2975.html