By Christine Jojarth PhD
Globalization creates profitable possibilities for traffickers of gear, soiled cash, blood diamonds, guns, and different contraband. potent countermeasures require overseas collaboration, yet what if a few international locations undergo whereas others make the most of illicit exchange? basically foreign associations with robust compliance mechanisms can make sure that profiteers won't evade their legislations enforcement duties. besides the fact that, the effectiveness of those associations can also rely on their skill to flexibly comply with fast-changing environments. Combining overseas felony concept and transaction fee economics, this e-book develops a unique, complete framework which finds the criteria that verify the optimum stability among institutional credibility and adaptability. the writer checks this rational layout paradigm on 4 fresh anti-trafficking efforts: narcotics, funds laundering, clash diamonds, and small palms. She sheds gentle at the explanation why policymakers occasionally undertake suboptimal layout options and reveals a nascent development towards cutting edge varieties of overseas cooperation which go beyond the restrictions of nationwide sovereignty.
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Extra info for Crime War Global Trafficking
First, institutions can be crafted in legally binding terms, which implies that commitments become a source of law in the sense of Article 38 Para 1 of the Statute of the International Court of Justice of 1945 and are governed by customary law and the Vienna Convention on the Law of Treaties. Most importantly, the legal principle of pacta sunt servanda enshrined in Article 26 VCLT applies, which obliges states to honor legally binding commitments. If they fail to do so, they become legally responsible, and parties injured by breach may claim reparations – either in the form of material compensation or an official apology (Abbott et al.
Mindful that at some point the temporary suspension of some specific obligations may not suffice, states endow most legally binding agreements with provisions on withdrawal. These allow states to renounce their previously made commitments altogether. Theoretically, the credibility-weakening potential of the withdrawal option is even more severe than the escape option, as the latter usually applies only to one or two provisions of an agreement. In order to balance states’ reluctance to sign on to obligations that cannot be renounced at a later stage on the one hand, and the need for credibility on the other, almost all legally binding international agreements allow for withdrawal,19 but specify procedures that constrain the exercise of this option.
One classification that has probably attracted the greatest scholarly interest is the so-called concept of legalization (Abbott et al. 2000). The name chosen for this concept is slightly misleading – in particular in the context of trafficking studied here. In everyday parlance, most people would associate the legalization 14 Crime, War, and Global Trafficking of narcotic drugs with de-criminalization of these mind-altering substances, and certainly not with a particular way of categorizing the design characteristics of international institutions established to tackle this problem.
Crime War Global Trafficking by Christine Jojarth PhD