This edited book narrates the evolution of Transnational Criminal Law (TCL) through chapters organised into three themes: conceptual and institutional developments, histories of specific crimes, and examination of procedure and jurisdiction. Predicate offences, including piracy and cybercrime, are discussed in the context of TCL, focusing on liability, procedural cooperation among states, and the identification of relevant individuals. This book reflects on the shifting nature of the international lawmaking process, transitioning from a sovereign state’s right to enact criminal laws at the domestic/local level to the implemention of international obligations through enforceable domestic laws. It also highlights a state’s increasing need to be particularly concerned about international TCL making, as a state’s obligation, as well as an individual’s liability, might be directly influenced by international criminal law or human rights law.
Further, the ever-expanding gamut of predicate offences under TCL is a concern, as this might lead to jurisdictional issues, expansion of liability and non-cooperation in mutual legal assistance by states. The role of Gerhard Mueller in defining transnational crime is also noteworthy. The suppression conventions require states to criminalise predicate offences, cooperate in investigating crimes, prosecute or extradite individuals accused of these crimes, and assist in asset recovery. There is an increasing trend to include articles that allow states to use the suppression conventions as extradition treaties. The book discusses the field’s primary treaty: the United Nations Convention against Transnational Organized Crime (2000) (with its more than 190 state parties), its three protocols addressing trafficking in human beings, smuggling of migrants, and illicit trafficking in firearms, as well as the issues of combating corruption and imposing corporate liability for economic offences. The deliberations towards the inclusion of illicit trade in cultural objects and cybercrime into TCL could lead to cross-jurisdictional issues, which reman a major challenge.
Regarding TCL institutions, the authors consider the contentious Transnational Criminal Court (TCC) which has never been established. This reflects the divide between the Global North and Global South, with the latter advocating for a TCC while the former continues to view domestic courts as sufficient. The editors remarkably introduce TCL inclusive of concepts, predicate offences, theories, institutions, and actors. However, their focus on European and United States approaches, without other perspectives, results in a historiographical gap in the development of TCL.
The research could perhaps have been even more effective by including additional perspectives (e.g. from Asia, Africa, and South America) and by tracing the evolution of anti-money laundering law, which is the source of predicate offences qualified as organised crime. This book creates opportunities for further research on this subject, which is enriching the epistemology of the shifting nature of the international lawmaking process.
Competing interests
None.