Law Commons^™

The Globalization Of Crime Control: The Use Of Non-Criminal Justice Responses For Countering Organized Crime, Bjarni Halldor Sigursteinsson

LLM Theses

This thesis examines domestic authorities’ use of non-criminal justice responses to counter organized crime. Examples of responses used to counter outlaw motorcycle gangs in Canada, Germany, and Iceland are provided. These responses are significantly different from most international efforts focusing on criminal norms and cooperation in criminal matters.

As harmonization of legislation, policies and practices in this field become an international focus, I examine the role currently played by the European Union in promoting these non-criminal justice 'alternative' enforcement strategies for the purpose of furthering the development of international and domestic efforts to counter organized crime.

This study concludes that …

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

Recognition And Enforcement In Cross-Border Insolvency Law: A Proposal For Judicial Gap-Filling, Professor Sandeep Gopalan, Michael Guihot

Vanderbilt Journal of Transnational Law

The globalization of business activity necessarily entails contacts with a diverse array of national laws and legal systems, and insolvencies in this context often have transnational consequences. In such situations, there is a clash of competing national laws on weighty questions including the recognition of security interests, processes related to the disbursal of assets, and different policy preferences underlying the protection of different kinds of creditors. These clashes pose difficulties because each country has framed its insolvency laws in response to particular political exigencies and the policy preferences of its citizens, reflecting different bargains between creditor and debtor protection. Despite …

Framing For A New Transnational Legal Order: The Case Of Human Trafficking, Paulette Lloyd, Beth A. Simmons

All Faculty Scholarship

How does transnational legal order emerge, develop and solidify? This chapter focuses on how and why actors come to define an issue as one requiring transnational legal intervention of a specific kind. Specifically, we focus on how and why states have increasingly constructed and acceded to international legal norms relating to human trafficking. Empirically, human trafficking has been on the international and transnational agenda for nearly a century. However, relatively recently – and fairly swiftly in the 2000s – governments have committed themselves to criminalize human trafficking in international as well as regional and domestic law. Our paper tries to …

Globalization’S Law: Transnational, Global Or Both?, Frank J. Garcia

Frank J. Garcia

No abstract provided.