scholarly journals The Role of the UN International Drug Control Conventions in Facilitating Law Enforcement Cooperation in the Policing of Transnational Drug Trafficking

2021 ◽  
Vol 2 ◽  
pp. 172-191
Author(s):  
Scarlet Robertson
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Drug Trafficking ◽  
Illicit Drugs ◽  
Drug Control ◽  
Major Player ◽  
The Us ◽  
High Concern ◽  
The Subject

Transnational policing is an increasingly important issue in today’s globalised world. Transnational crime is an expanding industry and when crime crosses borders, cooperation between states is key. Arguably, this is most important in illegal drug trafficking, a crime of high concern to many states which almost always involves multiple countries. To this end, the UN Drug Control Conventions, introduced to tackle drug trafficking across the world, contain a number of provisions regarding law enforcement cooperation. This piece, by examining legal instruments and existing literature, will explore the role of the conventions regarding cooperation in policing the transnational trafficking of illicit drugs with a particular focus on the US, a major player in the field. Law enforcement cooperation between states existed for many years without international law obligations, however, it was often plagued by political and cultural differences and suffered when international relations were tense. By implementing obligations within the UN conventions, existing practices were codified into international law, meaning that cooperation should be a smoother, and legally-backed, process regardless of the political situation. This piece argues that, although the UN International Drug Control Conventions may not have added completely novel principles or practices to transnational law enforcement, they remain an important tool in facilitating transnational police cooperation and have made a valuable contribution to jurisprudence on the subject.

Global prohibition regimes: the evolution of norms in international society

1990 ◽  
Vol 44 (4) ◽  
pp. 479-526 ◽  
Author(s):  
Ethan A. Nadelmann
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
International Society ◽  
Animal Species ◽  
Emotional Factors ◽  
The Face ◽  
The Subject ◽  
The Individual ◽  
Prohibition Regimes

The dynamics by which norms emerge and spread in international society have been the subject of strikingly little study. This article focuses on norms that prohibit, both in international law and in the domestic criminal laws of states, the involvement of state and nonstate actors in activities such as piracy, slavery, counterfeiting, drug trafficking, the hijacking of aircraft, and the killing of endangered animal species. It analyzes the manner in which these norms have evolved into and been institutionalized by global prohibition regimes and argues that there are two principal inducements to the formation and promotion of such regimes. The first is the inadequacy of unilateral and bilateral law enforcement measures in the face of criminal activities that transcend national borders. The second is the role of moral and emotional factors related to neither political nor economic advantage but instead involving religious beliefs, humanitarian sentiments, fears, prejudices, paternalism, faith in universalism, the individual conscience, and the compulsion to proselytize. The ultimate success or failure of an international regime in effectively suppressing a particular activity depends, however, not only on the degree of commitment to its norms or the extent of resources devoted to carrying out its goals but also on the vulnerability of the activity to its enforcement measures.

Law and contestation in international negotiations

2020 ◽  
Vol 46 (5) ◽  
pp. 672-690
Author(s):  
Kyle Rapp
Keyword(s):  
Discourse Analysis ◽  
International Relations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Negotiations ◽  
The Us ◽  
Legal Grounds

AbstractWhat is the role of rhetoric and argumentation in international relations? Some argue that it is little more than ‘cheap talk’, while others say that it may play a role in persuasion or coordination. However, why states deploy certain arguments, and why these arguments succeed or fail, is less well understood. I argue that, in international negotiations, certain types of legal frames are particularly useful for creating winning arguments. When a state bases its arguments on constitutive legal claims, opponents are more likely to become trapped by the law: unable to develop sustainable rebuttals or advance their preferred policy. To evaluate this theory, I apply qualitative discourse analysis to the US arguments on the crime of aggression at the Kampala Review Conference of the International Criminal Court – where the US advanced numerous arguments intended to reshape the crime to align with US interests. The analysis supports the theoretical propositions – arguments framed on codified legal grounds had greater success, while arguments framed on more political grounds were less sustainable, failing to achieve the desired outcomes. These findings further develop our understanding of the use of international law in rhetoric, argumentation, and negotiation.

The Diminishing Acts of the State. Or, Is It?

2012 ◽  
pp. 687-717
Author(s):  
Francis N. Botchway
Keyword(s):  
International Economic ◽  
International Law ◽  
The State ◽  
Police Powers ◽  
Economic Law ◽  
Role Of The State ◽  
International Economic Law ◽  
The Us

The Act of state doctrine essentially serves to truncate or end proceedings against a state in the court of another state for actions attributed to or owned by the first state. Originally, the actions against which the defense could be raised were wide and all encompassing. It included exercise of police powers, takings, maritime and commercial acts. However, starting with cases such as Bernstein, Dunhill and others, and goaded in part by legislation such as the second Hickenlooper Amendment in the US, a number of exceptions have been carved into the doctrine. It is such that some academics have called for the end of the doctrine. This paper argues that although the doctrine is now limited, compared to its original compass, it is resilient. That resilience, this paper contends, is predicated on its International law pedigree. It is further argued that the swings in the role of the state in economic matters accounts for the growth, downturn and upturn in the viability of the doctrine as a defense in international economic law.

A corpus-based investigation of techno-optimism and propositional certainty in the National Intelligence Council’s ‘Future Global Trends Reports’ (2010–2035)

2017 ◽  
Vol 12 (1) ◽  
pp. 39-57
Author(s):  
Jamie McKeown
Keyword(s):  
Global Trends ◽  
Future Role ◽  
Ideological Bias ◽  
The Past ◽  
The Us ◽  
The Future ◽  
The Subject ◽  
Global Peace ◽  
Discursive Representations

This article reports the findings from a study of discursive representations of the future role of technology in the work of the US National Intelligence Council (NIC). Specifically, it investigates the interplay of ‘techno-optimism’ (a form of ideological bias) and propositional certainty in the NIC’s ‘Future Global Trends Reports’. In doing so, it answers the following questions: To what extent was techno-optimism present in the discourse? What level of propositional certainty was expressed in the discourse? How did the discourse deal with the inherent uncertainty of the future? Overall, the discourse was pronouncedly techno-optimist in its stance towards the future role of technology: high-technological solutions were portrayed as solving a host of problems, despite the readily available presence of low-technology or no-technology solutions. In all, 75.1% of the representations were presented as future categorical certainties, meaning the future was predominantly presented as a known and closed inevitability. The discourse dealt with the inherent uncertainty of the subject matter, that is, the future, by projecting the past and present into the future. This was particularly the case in relation to the idea of technological military dominance as a guarantee of global peace, and the role of technology as an inevitable force free from societal censorship.

An International Relations Perspective on the Reform Needs of the Human Rights Council

2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Structure And Dynamics ◽  
Human Rights Council ◽  
Local Actors ◽  
Protection Of Human Rights ◽  
The Subject

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.

Illegal migration as an encroachment on the sovereignty and security of the state

2021 ◽  
pp. 341-352
Author(s):  
Sergey D. Grinko
Keyword(s):  
International Law ◽  
Organized Crime ◽  
Drug Trafficking ◽  
Tax Evasion ◽  
Illegal Migration ◽  
Legal Norms ◽  
World Community ◽  
Large Length ◽  
The Subject ◽  
Entire World

We consider the issues of correlation between the international law of citizens of different states to travel and national legislation restricting illegal migration, which are the subject of interstate agreements. The issue of combating organized illegal migration for Russia is urgent, since the dynam-ics of this crime indicates an increase in the registration of such crimes and the identified persons who committed them. This is due to the large length of Russian borders and integration with foreign states, which entails an increase in the penetration of foreign citizens into the territory of our country. Illegal migration leads to an increase in ethnic organized crime and related smug-gling, drug trafficking, tax evasion and extortion. The fight against this criminal phenomenon is relevant for the entire world community. States seek to protect their citizens, but at the same time are obliged to comply with in-ternational legal norms on the issue under consideration. This activity of states should be carried out in accordance with the principles of respect for human rights and freedoms. We analyze international and Russian legisla-tion, damage caused by illegal migration, and propose measures to prevent crime related to illegal migration.

scholarly journals Vietnam’s policing in harm reduction: Has one decade seen changes in drug control?

2019 ◽  
Vol 4 (4) ◽  
pp. 67-72 ◽  
Author(s):  
Hai Thanh Luong ◽  
Toan Quang Le ◽  
Dung Tien Lam ◽  
Bac Gia Ngo
Keyword(s):  
Harm Reduction ◽  
Police Officers ◽  
Illicit Drugs ◽  
Police Training ◽  
Drug Control ◽  
Government Organizations ◽  
Qualitative Approaches ◽  
Raising Awareness ◽  
Police Forces

Alongside raising awareness and creating activities to develop a harm-reduction approach in the HIV/AIDS campaign since the end of the 2000s, broader harm-reduction interventions in Vietnam were also deployed that included several positive steps. Police forces, a fundamental sector in reducing the supply of illicit drugs, were also involved, partly to concretize this approach. As the first paper to examine the role of police in harm-reduction interventions in Vietnam, the current study utilizes qualitative approaches relying on in-depth interviews conducted with multiple key informants from government and its related bodies, United Nations personnel, and non-government organizations (NGOs), as well as police officers. We uncover noticeable progress in changing minds and approaches to apply harm reduction in drug policy, particularly within policing. However, major barriers in regulations, slow acceptance by police forces, and a lack of curriculum and courses in police training have limited harm-reduction approaches. As the first study to review and assess the policy of harm reduction after one decade, the paper contributes to a deeper understanding of the nature of Vietnam’s police provisions to balance and improve harm reduction in drug control.

scholarly journals If Germany Came to New Zealand

1999 ◽  
Vol 30 (2) ◽  
pp. 489
Author(s):  
John Salmond
Keyword(s):  
New Zealand ◽  
International Law ◽  
International Treaties ◽  
Inaugural Address ◽  
The Future ◽  
The Subject ◽  
College Now ◽  
Modern Warfare

This article is a report from the New Zealand Mail, 1 August 1906, which covered Professor John Salmond's inaugural address as the chair of law at Victoria College (now Victoria University of Wellington). Professor Salmond dealt with the subject of international law with regards to the conditions of modern warfare. He discusses important international treaties, the role of the civil population, and what would happen if war came to New Zealand. Professor Salmond concludes that a key player in resolving international disputes was arbitration, which he believed was full of hope and promise for the future. 

Cybercrime: Thieves, Swindlers, Bandits, and Privateers in Cyberspace

2021 ◽  
pp. 88-108
Author(s):  
Roderic Broadhurst
Keyword(s):  
Law Enforcement ◽  
Illicit Drugs ◽  
Credit Cards ◽  
Social Engineering ◽  
Identity Theft ◽  
Personal Identification ◽  
Private And Public ◽  
History Of ◽  
Cross National

This chapter describes the definitions and scope of cybercrime including an outline of the history of hackers and the role of criminal networks and markets in the dissemination of malicious software and other contraband such as illicit drugs, stolen credit cards and personal identification, firearms, and criminal services. Different cybercrime types and methods are described, including the widespread use of ‘social engineering’ or deception in computer misuse and identity theft. The challenges facing law enforcement in the suppression of cybercrime and the important role of private and public partnerships, as well as cross-national cooperation in the suppression of cybercrime is illustrated.

Part IV Access to Protection and International Responsibility-Sharing, Ch.29 Smuggling of Migrants and Refugees

2021 ◽  
Author(s):  
Schloenhardt Andreas
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
United Nations ◽  
International Law ◽  
Asylum Seekers ◽  
Refugee Law ◽  
The Subject ◽  
International Responsibility ◽  
The United Nations ◽  
International Refugee Law

This chapter focuses on the smuggling of migrants in the context of refugee movements, and examines the scope and application of international law pertaining to these phenomena. The principal binding global instrument on this topic is the United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air which, on the surface, coexists alongside international refugee law in situations where smuggled migrants are seeking asylum. Although the Smuggling of Migrants Protocol expressly recognizes the protection afforded to refugees under international law, its interpretation, operation, and implementation often run into conflict with the Refugee Convention. All too frequently, measures to prevent and combat the smuggling of migrants focus exclusively on law enforcement, criminal justice, and restrictive border measures without recognizing the rights of refugees, asylum seekers, and smuggled migrants, which are the subject of this chapter.

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