International Conventions and the Failure of a Transnational Approach to Controlling Asian Crime Business

37 Pages Posted: 27 Oct 2011

See all articles by Mark Findlay

Mark Findlay

Singapore Management University - School of Law; Singapore Management University - Centre for AI & Data Governance

Nafis Hanif

The University of Sydney Law School

Date Written: October 27, 2011

Abstract

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.

Keywords: international conventions, criminal enterprise, market modeling, organized and transnational crime

JEL Classification: K10, K14, K30, K33

Suggested Citation

Findlay, Mark James and Hanif, Nafis, International Conventions and the Failure of a Transnational Approach to Controlling Asian Crime Business (October 27, 2011). Sydney Law School Research Paper No. 11/75, Available at SSRN: https://ssrn.com/abstract=1950031

Mark James Findlay (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

Singapore Management University - Centre for AI & Data Governance ( email )

55 Armenian Street
Singapore
Singapore

Nafis Hanif

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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