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Transnational Organized Crime

Challenging International Law Principles on State Jurisdiction

9781800888357 Edward Elgar Publishing
Fulvia Staiano, Associate Professor of International Law, Giustino Fortunato University, Italy
Publication Date: July 2022 ISBN: 978 1 80088 835 7 Extent: c 192 pp
This timely book provides a critical consideration of one of the most pressing matters confronting global and regional strategies for suppressing transnational organized crime today: the question of the scope and rationale of States’ criminal jurisdiction over these cross-border offences. It shines a light on the complex challenges posed by transnational organized crime to international criminal law.

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This timely book provides a critical consideration of one of the most pressing matters confronting global and regional strategies for suppressing transnational organized crime today: the question of the scope and rationale of States’ criminal jurisdiction over these cross-border offences. It shines a light on the complex challenges posed by transnational organized crime to international criminal law.

Fulvia Staiano analyses the ways in which transnational organized crime has pushed States, as well as international organizations and institutions, to rethink the boundaries and rationale of territorial and extraterritorial State jurisdiction. The book examines consolidated instances of transnational organized crimes, such as human trafficking, migrant smuggling and trafficking in firearms, but also looks at emerging phenomena which have come to the attention of scholars and practitioners in more recent times, including cybercrime. In doing so, it draws a connection between States’ responses to ‘old’ and ‘new’ transnational crimes while providing an up-to-date analysis of international practice in this field.

Contributing to the broader academic debate on the need to conceptualize transnational criminal law as an area of study separate from international criminal law, this book will be a key resource for postgraduate students, researchers and academics in the fields of public international law, criminal law, international relations, as well as social and political studies.
Critical Acclaim
‘In Transnational Organized Crime: Challenging International Law Principles on State Jurisdiction, Fulvia Staiano engages in an admirably clear-eyed exploration of how states have overcome the fundamental problems of projecting their legal authority beyond their borders in order to suppress transnational organized crime, and how their practice has catalysed alteration of the orthodox international law principles of expanded territorial and extraterritorial criminal jurisdiction. This wide-ranging but concise and up-to-date analysis of the complex and rapidly evolving laws involved, deserves a place on your book-shelf.’
– Neil Boister, University of Canterbury, New Zealand

‘This is a most timely book which showcases how the international law of jurisdiction has evolved in the context of transnational organized crime, in ways that often differ from other fields of the law. The author foregrounds the peculiar interpretations which are given to jurisdictional concepts in this particular field, and convincingly explains their rationales. This book invites us to think anew about the variegated forms which jurisdictional assertions take on, depending on the issue-area.’
– Cedric Ryngaert, Utrecht University, the Netherlands
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