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THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016$
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Giuliana Ziccardi Capaldo

Print publication date: 2017

Print ISBN-13: 9780190848194

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780190848194.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 09 April 2020

Transnational Criminal Law and the Global Rule of Law

Transnational Criminal Law and the Global Rule of Law

Chapter:
(p.47) Transnational Criminal Law and the Global Rule of Law
Source:
THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016
Author(s):

Valsamis Mitsilegas

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190848194.003.0003

Over the past three decades many regulatory measures aimed at countering transnational crime have been adopted. This article maps the development of these measures and examines their relationship with the ‘global rule of law’. The article is structured on the basis of a typology of production of transnational criminal law norms and examines the production and implementation of transnational criminal law via: ‘hard law’ global multilateral conventions; regionalism, focusing on the work of the Council of Europe; ‘soft’ or ‘informal’ law, focusing on the Financial Action Task Force; ‘global administrative law’, expressed by the UN Security Council; and supranational, EU, law. The article then focuses on the extraterritorial reach of transnational criminal law and asks whether lessons can be learnt by the operation of the principle in EU criminal law. The article then assesses the impact of this typology of transnational criminal law making on the global rule of law.

Keywords:   Council of Europe, European arrest warrant, FATF, global administrative law, money laundering, organised crime, terrorism, transnational crime, transnational law, UN Security Council

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