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Full-Text Articles in Law
Transnational Criminal Law In A Globalised World: The Case Of Trafficking, Prabha Kotiswaran
Transnational Criminal Law In A Globalised World: The Case Of Trafficking, Prabha Kotiswaran
UC Irvine Journal of International, Transnational, and Comparative Law
Not a day goes by without a sensationalist report on the travails of modern
slaves, be it the saga of Indian teenagers trafficked into sex work as depicted in the
Hollywood movie Love Sonia, or workers trafficked into the UK’s nail bar and car
wash shops, or the 2018 Global Slavery Index released by the Walk Free
Foundation founded by mining magnate Andrew Forrest which estimates that there
are 40.3 million modern slaves around the world. Anti-slavery groups remind us
that modern slavery afflicts almost everything that we consume on a day-to-day
basis. This includes basic commodities like tea, sugar, …
International Prison Standards And Transnational Criminal Justice, Dirk Van Zyl Smit
International Prison Standards And Transnational Criminal Justice, Dirk Van Zyl Smit
UC Irvine Journal of International, Transnational, and Comparative Law
Prison standards are an important element of transnational criminal
justice. This Article shows how legal standards governing prison conditions
emerged at the international and regional levels and considers how,
increasingly, they have gained legitimacy. It then describes how these
standards are applied in a way that contributes to a recognizable
transnational legal order in respect of prison conditions, which has real
impact at the national level. The Article pays close attention to the transfer
of prisoners between states, as a mechanism that operates transnationally
and, in the process, enhances the importance of international prison
standards. It concludes that the benefits …
Transnational Criminal Law Or The Transnational Legal Ordering Of Corruption?, Radha Ivory
Transnational Criminal Law Or The Transnational Legal Ordering Of Corruption?, Radha Ivory
UC Irvine Journal of International, Transnational, and Comparative Law
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 …