Transnational Legal Ordering of Criminal Justice

A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.

Gregory Shaffer (Edited by), Ely Aaronson (Edited by)

9781108836586, Cambridge University Press

Hardback, published 2 July 2020

288 pages, 15 b/w illus. 8 tables
23.5 x 15.7 x 2.5 cm, 0.6 kg

'The norms, institutions, and practices of criminal justice systems around the world have been deeply transformed in the last few decades by globalization and many new international and transnational legal regimes. Criminal justice, comparative law, and international law scholars are still grappling with these changes. By applying the illuminating theory of transnational legal orders to criminal justice, this impressive group of top scholars gathered in this book provides crucial insights to make sense of these changes. This book is an essential tool for anyone interested in them.' Máximo Langer, Professor of Law and Director of the Transnational Program on Criminal Justice, UCLA School of Law

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 dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address 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 treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.

Part I. Introduction: 1. The transnational legal ordering of criminal justice Ely Aaronson and Gregory Shaffer
Part II. Transnational Legal Ordering and Transnational Crimes: 2. Why do transnational legal orders persist? The curious case of anti-money laundering Terence Halliday, Michael Levi and Peter Reuter
3. Transnational criminal law or the transnational legal ordering of corruption? Theorizing Australian foreign bribery reforms  Radha Ivory
4. Transnational criminal law in a globalized world: the case of trafficking Prabha Kotiswaran
5. The criminalization of migration: a regional transnational legal order or the rise of a meta-TLO? Vanessa Barker
6. The strange career of the transnational legal order of cannabis prohibition Ely Aaronson
Part III. Transnational Legal Ordering and International Crimes: 7. The anti-impunity transnational legal order for human rights – formation, institutionalization, consequences, and the case of Darfur Joachim J. Savelsberg
8. Colombian transitional justice and the political economy of the anti-impunity transnational legal order Manuel Iturralde
Part IV. Transnational Legal Ordering and Human Rights Standards in Criminal Justice: 9. International prison standards and transnational criminal justice Dirk van Zyl Smit
10. The transnational legal ordering of the death penalty Stefanie Neumeier and Wayne Sandholtz
11. Performance, power, and transnational legal ordering: addressing sexual violence as a human rights concern Ioana Sendroiu and Ron Levi
Part V. Conclusion: 12. Conclusions: a processual approach to transnational legal orders Sally Engle Merry.

Subject Areas: International criminal law [LBBZ], International organisations & institutions [LBBU], International law [LB], Law [L], International relations [JPS], Crime & criminology [JKV], Social & cultural anthropology, ethnography [JHMC]