International legal framework for combating transnational organised crime

Livey, Fiona Rebecca (2017) International legal framework for combating transnational organised crime. LL.M(R) thesis, University of Glasgow.

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Abstract

Since the 1990s, transnational organised crime (TOC) has emerged as a threat to national and international security. As a result, the United Nations implemented the Convention against Transnational Organised Crime (UNTOC) in 2000, which aims to improve international legislation and facilitate cooperation between state parties. This research aims to identify the strengths and weaknesses of the UNTOC and the European Union’s framework, as well as take advantage of a comparative analysis so as to determine whether the international legal system may benefit from elements employed at EU level. Moreover, key challenges facing implementation and monitoring on an international level are addressed. Finally, traditional as well as non-traditional measures to combat organised crime are proposed which may be used so as to strengthen the international legal framework and to overcome weaknesses of the current framework. The above mentioned aims were achieved by conducting doctrinal (‘black letter law’) research, doctrinal research searching secondary authority, socio-legal research (‘law in practice’) and, finally, comparative cross-jurisdictional research. The research found that the fight against TOC has been characterised by the definitional opaqueness of TOC and the complexity intrinsic to law enforcement and judicial cooperation. Nevertheless, the convention provides a solid basis for mutual legal assistance and law-enforcement cooperation. The UNTOC serves as a framework of international legislation and facilitates cooperation between state parties. It does not constitute an operational treaty, which oversees specific crime-fighting activities. As a whole, state parties remain wary of using the UNTOC as it does not provide a clear, elaborate concept upon which states may rely, legislate and train around. New practices and legal innovations, such as the establishment of joint investigation teams or the integration of other fields of law, need to be considered in order to address all facets of TOC, be it cross-border criminality or economic changes. Consequently, an integrated and comprehensive strategy, which takes into account the fluid, globalised nature of criminal networks, as well as their sophisticated tactics, needs to be developed.

Item Type: Thesis (LL.M(R))
Qualification Level: Masters
Keywords: transnational organised crime, international law, Convention against Transnational Organised Crime, UNTOC.
Subjects: K Law > K Law (General)
Colleges/Schools: College of Social Sciences > School of Law
Funder's Name: UNSPECIFIED
Supervisor's Name: Geiss, Dr. Robin
Date of Award: 2017
Depositing User: LL.M. Fiona Rebecca Livey
Unique ID: glathesis:2017-8015
Copyright: Copyright of this thesis is held by the author.
Date Deposited: 29 Mar 2017 09:10
Last Modified: 27 Apr 2017 07:31
URI: http://theses.gla.ac.uk/id/eprint/8015

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