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Confronting the Shadow State - An International Law Perspective on State Organized Crime (Hardcover)
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Confronting the Shadow State - An International Law Perspective on State Organized Crime (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 17 working days
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This book examines the rules and mechanisms of international law
relevant to the suppression of state organized crime, and provides
a normative justification for developing international legal
mechanisms specifically designed to address this phenomenon. State
organized crime refers to the use by senior state officials of the
resources of the state to facilitate or participate in organized
crime, in pursuit of policy objectives or personal profit. This
concept covers diverse forms of government misconduct, including
strategic partnerships with drug traffickers, the plundering of a
country's resources by kleptocrats, and high-level corruption
schemes. The book identifies the distinctive criminological
characteristics of state organized crime, and analyses the
applicability, potential, and limits of the norms and mechanisms of
international law relevant to the suppression of state organized
crime. In particular, it discusses whether the involvement of state
organs or agents in organized crime may amount to an
internationally wrongful act giving rise to the international
responsibility of the state, and highlights a number of practical
and normative shortcomings of the legal framework established by
relevant crime-suppression conventions. The book also sketches
proposals to develop an international legal framework designed to
hold perpetrators of state organized crime accountable. It presents
a normative justification for criminalizing and suppressing state
organized crime at the international level, proposes draft
provisions for an international convention for the suppression of
state organized crime, and discusses the potential role of the UN
Security Council and of international criminal courts and
tribunals, respectively, in holding perpetrators accountable.
Providing the first comprehensive analysis, from the perspective of
international law, of a phenomenon so far mainly studied by
criminologists, this study would appeal to researchers, social
activists, and policy makers alike.
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