International Conventions and the Failure of a Transnational Approach to Controlling Asian Crime Business
University of Sydney - Faculty of Law; University of Sydney - Institute of Criminology; Singapore Management University - School of Law
University of Sydney - Faculty of Law
October 27, 2011
Sydney Law School Research Paper No. 11/75
The paper argues that without a realistic understanding of criminal enterprise located against the commercial forces shaping contemporary Asian market contexts, then domestic, bi-lateral, regional and international control initiatives are not only likely to fail in their regulatory objectives, but the premises on which they are constructed may heighten the market conditions for crime business profitability.
The international convention-based approach to regulating transnational and organized crime is the framework from which a critique of non-market centred law enforcement control concentrations is developed. This critique reveals the transposition of flawed normative control considerations from domestic to supra-national control contexts, and shows how this in turn constrains and is constrained by organized crime research.
The paper suggests a novel methodology for understanding Asian crime business in its specific market realities and conditions. The analysis calls for a shift away from the normative ascription to supply directed regulatory emphasis. In conclusion, conventional crime control perspectives and directives can usefully be critiqued from their international as well as their domestic frames, enabling the creation of a refined and holistic legal response at each level that is supported by and not retarded with holistic research understandings.
Number of Pages in PDF File: 37
Keywords: international conventions, criminal enterprise, market modeling, organized and transnational crime
JEL Classification: K10, K14, K30, K33Accepted Paper Series
Date posted: October 27, 2011
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