Transnational Legal Ordering of Criminal Justice

Hard and soft law developed by international and regional organizations,transgovernmental networks,and international courts increasingly shape rules,procedures,and practices governing criminalization,policing,prosecution,and punishment. This book develops a new approach for studying the interaction between international and domestic criminal law and practice,applied in ten case studies of transnational legal ordering.

Format: Paperback / softback
Length: 409 pages
Publication date: 04 November 2021
Publisher: Cambridge University Press

International and regional organizations, transgovernmental networks, and international courts have played a significant role in developing hard and soft law that governs criminalization, policing, prosecution, and punishment. This dynamic challenges traditional approaches that study criminal justice solely from a national perspective or that separate international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book offers a novel approach to studying the interplay between international and domestic criminal law and practice. Distinguished scholars from various disciplines apply this approach in ten case studies that examine transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive examination of the evolving transnational nature of criminal justice policymaking and practice in the globalized world.

The development of hard and soft law by international and regional organizations, transgovernmental networks, and international courts has had a profound impact on the rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. Traditional approaches that study criminal justice solely from a national perspective or that dichotomize the study of international from national criminal law are being challenged by this dynamic.

To address this challenge, this book proposes a novel approach for studying the interaction between international and domestic criminal law and practice. Drawing on socio-legal theories of transnational legal ordering, the book develops a comprehensive framework for analyzing the dynamics of criminal justice policymaking and practice in a globalized world.

Distinguished scholars from various disciplines contribute to the book by applying this approach in ten case studies that cover transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The case studies provide valuable insights into the complex interplay between international and domestic legal frameworks, the challenges and opportunities presented by globalization, and the role of international and regional organizations in promoting and enforcing criminal justice standards.

One of the key contributions of this book is its comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice. The book recognizes that criminal justice issues are no longer confined to national borders and that transnational crimes, such as money laundering, corruption, and human trafficking, require a coordinated response from multiple jurisdictions. It also highlights the importance of international cooperation and collaboration in addressing these issues, as well as the role of international and regional organizations in promoting and enforcing criminal justice standards.

Another important aspect of the book is its emphasis on the role of law in promoting and protecting human rights. The case studies demonstrate how international and domestic criminal law can be used to address human rights abuses and promote accountability for those responsible for committing crimes. The book also explores the challenges and limitations of using criminal law to address human rights violations, such as the potential for abuse and the need for a balanced approach that considers the broader political and social context in which crimes occur.

In conclusion, this book offers a valuable contribution to the study of criminal justice in a globalized world. By proposing a novel approach for studying the interaction between international and domestic criminal law and practice, the book challenges traditional perspectives and provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice. The case studies provide valuable insights into the complex dynamics of criminal justice in a globalized world and the role of law in promoting and protecting human rights. The book is a must-read for scholars, policymakers, and practitioners interested in understanding the challenges and opportunities presented by globalization in the field of criminal justice.

Weight: 592g
Dimension: 152 x 228 x 26 (mm)
ISBN-13: 9781108812603
Edition number: New ed