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UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.

The Transnational Legal Ordering Of The Death Penalty, Stefanie Neumeier, Wayne Sandholtz

UC Irvine Journal of International, Transnational, and Comparative Law

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 …

The Strange Career Of The Transnational Legal Order Of Cannabis Prohibition, Ely Aaronson

UC Irvine Journal of International, Transnational, and Comparative Law

There is a crack in everything — that’s how the light gets in

Leonard Cohen, Anthem

In an era often characterized as one of growing convergence of the laws

governing criminal activities in different countries, the issue-area of cannabis

policy undergoes processes of fragmentation and polarization. Some countries

continue to criminalize all forms of medical and recreational uses of

cannabis. Others have sought to “separate the market” for cannabis from

that of other drugs by decriminalizing the possession of small amounts of

marijuana, authorizing its use for medical purposes, and establishing

administrative measures for taxing and regulating the commercial sale …

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

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 …

Anti-Money Laundering: An Inquiry Into A Disciplinary Transnational Legal Order, Terence Halliday, Michael Levi, Peter Reuter

UC Irvine Journal of International, Transnational, and Comparative Law

This Article enquires into the case of one of the most comprehensive,

far-reaching, most deeply penetrating, and most punitive of TLOs: antimoney

laundering. Drawing on an intensive study at a moment when its

governing norms and methodologies of implementation were undergoing

revision and expansion, as well as on observation and participation in

AML/CFT activities over three decades, the Article brings rich empirical

evidence to bear on two theoretical issues. First, despite its seemingly

successful institutionalization, the AML TLO exhibits many deficiencies

and imposes extensive costs on the private and public sectors, and harms

upon the public. Why doesn’t it fail? …

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 …

Well-Known, Or Not Well-Known? That Is The Question. The Paris Convention For The Protection Of Industrial Property's Article 6bis In The Context Of American Trademark Law, Ahmad Takouche

UC Irvine Law Review

No abstract provided.