Rethinking the ‘International Law of Crime’: Provocations from Transnational Legal Studies

Transnational Legal Theory (2015) 5 (4)

King's College London Law School Research Paper No. 2015-34

52 Pages Posted: 26 Jul 2015 Last revised: 9 Nov 2015

See all articles by Prabha Kotiswaran

Prabha Kotiswaran

King's College London – The Dickson Poon School of Law

Nicola Palmer

King's College London - The Dickson Poon School of Law; A Dickson Poon Transnational Law Institute

Date Written: June 15, 2015

Abstract

Neil Boister's distinction between international and transnational criminal law offers a valuable first step in delineating two fields of enquiry. Drawing on transnational legal studies, however, we show in section I how Boister engages with international criminal law in an idealised form, yet in practice this area of law faces many of the same challenges that plague transnational criminal law. In section II we challenge the stability of the category of ‘transnational crime’ and pluralise the international regulatory matrix beyond the use of criminal law to address the fall-outs of globalisation, expanding, in the process, the horizontal, vertical and temporal dimensions of transnational criminal law. We argue against reifying international and transnational criminal law and draw on the critical orientation of transnational legal studies manifest in its invocations of legal realism, legal pluralism and socio-legal scholarship to articulate a wide-ranging agenda for rethinking the theoretical and empirical dimensions of the ‘international law of crime’.

Keywords: legal pluralism, socio-legal studies, legal realism, international criminal law, transnational criminal law

Suggested Citation

Kotiswaran, Prabha and Palmer, Nicola, Rethinking the ‘International Law of Crime’: Provocations from Transnational Legal Studies (June 15, 2015). Transnational Legal Theory (2015) 5 (4), King's College London Law School Research Paper No. 2015-34, Available at SSRN: https://ssrn.com/abstract=2626570

Prabha Kotiswaran

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom
00442078482449 (Phone)

Nicola Palmer (Contact Author)

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

HOME PAGE: http://www.kcl.ac.uk/law/people/academic/npalmer.aspx

A Dickson Poon Transnational Law Institute ( email )

London, England WC2R 2LS
United Kingdom

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