scholarly journals The Value of International Law in Combating Transnational Organized Crime in the Asia-Pacific

2015 ◽  
Vol 7 (1) ◽  
pp. 39-60 ◽  
Author(s):  
Tom OBOKATA
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Organized Crime ◽  
Technical Assistance ◽  
Mutual Recognition ◽  
Asia Pacific ◽  
Transnational Organized Crime ◽  
Making A Difference ◽  
United Nations Convention ◽  
International Instruments

AbstractThis paper explores the value of international law in combating transnational organized crime in the Asia-Pacific, with particular reference to the United Nations Convention against Transnational Organized Crime. It begins by highlighting the definitions of organized crime under national and international law. It then analyzes the extent to which states in the Asia-Pacific have implemented the Convention, focusing on harmonization of national criminal laws and procedures, mutual recognition of law enforcement decisions and measures, as well as provision of technical assistance. The paper also touches upon the protection of the human rights of victims and perpetrators of organized crime. The main conclusion reached is that, although the implementation of international instruments pertinent to transnational organized crime has not been an easy task in the Asia-Pacific, they are slowly but surely making a difference on the ground. Therefore, their value should not be dismissed completely.

scholarly journals PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA LINTAS NEGARA MELALUI PERJANJIAN EKSTRADISI (SUATU CATATAN MENARIK UNTUK DISKUSI)

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Stefanus Reynold Andika
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
International Law ◽  
Legal System ◽  
Organized Crime ◽  
Transnational Crime ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The Republic ◽  
The Government

The establishment of an extradition treaty between the Government of the Republic of Indonesia and other countries is a strategic effort in order to increase cooperation in the field of law enforcement and the implementation of justice. With the formation of the extradition treaty, the perpetrators of crimes that are being sought and fleeing the country cannot escape easily from lawsuits. Although the extradition issue is basically seen as part of international law, the discussion cannot be emphasized only in terms of international law. Many things are not further regulated in extradition agreements, especially if the problem is a domestic problem of each country. This article discusses Law Enforcement Against Transnational Criminals through Extradition Agreements. This research is normative juridical and prescriptive. The results of the study conclude that Law Enforcement Against Transnational Crime Actors under the provisions of the United Nations Convention Against Transnational Organized Crime (UNTOC) is not fully implemented in the Indonesian legal system. Based on data until the 2017 period, it can be concluded that the implementation of extradition in Indonesia based on the provisions of UNTOC is still not fully implemented.

scholarly journals Tindak Pidana Penyelundupan Manusia Dengan Modus Operandi Memperkerjakan PMI Ke Luar Negeri Ditinjau Dari UNCATOC Dan Hukum Internasional

2021 ◽  
Vol 21 (3) ◽  
pp. 1050
Author(s):  
Dikky Firsthio Damas ◽  
Fabian Bagaskara Sugianto ◽  
Randy Asmoro Dwi Purnomo
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Migration ◽  
Organized Crime ◽  
Modus Operandi ◽  
Transnational Organized Crime ◽  
The World ◽  
United Nations Convention ◽  
The Relationship

People smuggling affects all regions of the world. Every year, thousands of immigrants and refugees try to leave their home countries and seek a better life in their destination countries. The purpose of this paper is to find out how the criminal act of people smuggling with the modus operandi of employing PMIs abroad in terms of UNCATOC and international law and what is the relationship between the crime of human smuggling and international migration if it is associated with international law. It can be concluded that the United Nations Convention against Transnational Organized Crime has a Protocol that is intended to combat smuggling by preventing, investigating and prosecuting violations, and by promoting international cooperation among States Parties to protect the human rights and other interests of smuggle.

scholarly journals The mechanism of international cooperation accordingly to UN Convention against Transnational Organized Crime

2020 ◽  
Vol 11 (31) ◽  
pp. 389-402
Author(s):  
Snizhana Romashkin ◽  
Nadiia Shulzhenko ◽  
Kotova Liubov
Keyword(s):  
United Nations ◽  
International Law ◽  
International Cooperation ◽  
Organized Crime ◽  
International Security ◽  
Transnational Crime ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
Main Factors ◽  
The United Nations

The article considers the mechanisms for fighting transnational crime and international cooperation in accordance with the United Nations Convention against Transnational Organized Crime and identifies the main factors that complicate international cooperation processes to combat transnational crime. The authors emphasize that international cooperation in the fight against crime is key to the success and guarantee of international security. The main objectives of the article are to carry out a comprehensive analysis of the concept of "organized crime" in accordance with the United Nations Convention against Transnational Organized Crime, to determine the corpus delicti, as well as to improve International Law to combat transnational crime. In the article the following methods are used: induction, deduction, analogy, as well as historical, dialectical, formal-legal methods. The article provides us with the complex results related to the key mechanisms of international cooperation according to the United Nations Convention against Transnational Organized Crime.

Labour Exploitation in Human Trafficking Law

2021 ◽  
Author(s):  
Amy Weatherburn
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Organized Crime ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Labour Exploitation ◽  
Women And Children ◽  
United Nations Convention ◽  
Definition Of ◽  
Agreed Definition

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. <br>The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. <br><br>This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.

International Cooperation under the United Nations Convention against Transnational Organized Crime

2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
Organized Crime ◽  
Legal Assistance ◽  
Legal Basis ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The United Nations

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.

Sign in / Sign up

Export Citation Format

Share Document