Treaty Monitoring and Compliance in the Field of Transnational Criminal Law

Forthcoming, Mikkel Jarle Christensen & Neil Boister (eds) New Perspectives on the Structure of Transnational Criminal Justice, Brill Research Perspectives on Transnational Crime (2018)

Grotius Centre Working Paper 2017/070-PIL

25 Pages Posted: 29 Dec 2017

See all articles by Cecily Rose

Cecily Rose

Leiden University - Grotius Centre for International Legal Studies

Date Written: December 22, 2017

Abstract

Most transnational criminal law treaties do not benefit from any sort of monitoring mechanism that would allow states parties or other actors to assess their domestic implementation and enforcement. There are a few exceptions, as treaties and other instruments concerning drug control, corruption, and money laundering are indeed accompanied by monitoring mechanisms. But the general pattern across the field of transnational criminal law is clear. This article explores some possible explanations for why transnational criminal law treaties generally lack monitoring mechanisms, and it also highlights the significance of this absence from a compliance perspective. The article advocates not for the creation of more treaty monitoring bodies in the field of transnational criminal law, but instead seeks to explain their relative absence and its significance for the field. The argument, therefore, is not that monitoring bodies are necessarily desirable and ought to exist in greater numbers in this field, but rather that the absence of these bodies obscures information about compliance and impedes research about what these treaties are actually accomplishing. The current state of treaty monitoring in the field of transnational criminal law is significant because of the extent of what we do not know about the effects of these instruments.

Keywords: transnational criminal law, treaties, monitoring, compliance

JEL Classification: K33

Suggested Citation

Rose, Cecily, Treaty Monitoring and Compliance in the Field of Transnational Criminal Law (December 22, 2017). Forthcoming, Mikkel Jarle Christensen & Neil Boister (eds) New Perspectives on the Structure of Transnational Criminal Justice, Brill Research Perspectives on Transnational Crime (2018), Grotius Centre Working Paper 2017/070-PIL, Available at SSRN: https://ssrn.com/abstract=3092215

Cecily Rose (Contact Author)

Leiden University - Grotius Centre for International Legal Studies ( email )

Leiden University Law Faculty
P.O. Box 9520
Leiden, 2300 RA
Netherlands

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