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International Law

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University of California, Irvine School of Law

2019

Criminal

Articles 1 - 3 of 3

Full-Text Articles in Law

Transnational Criminal Law In A Globalised World: The Case Of Trafficking, Prabha Kotiswaran Aug 2019

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 Aug 2019

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 Aug 2019

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 …