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Book Details
Abstract
‘Transnational Crimes in the Americas’ addresses contemporary issues with respect to public institutions that are stakeholders in the fight against globalization of crime. Regional public organizations, with a primary focus on the Americas, constitute a framework for understanding the need for an institutional response within the Western Hemisphere. While other authors have addressed the growth of organized crime, no one has explained institutional developments in the struggle against transnational crimes.
'Transnational Crimes in the Americas’ highlights existing organizations, emphasizing a regional response to transnational crimes, suggestions for a permanent criminal court in the Americas and an appraisal of the current state of institutional developments in the region.
’Transnational Crimes in the Americas’ emphasizes the importance of working within public, international organizations to combat transnational crimes. It documents the role of international institutions within the Americas to form a united effort against the proliferation of illicit drugs, human trafficking, weapons trafficking, money laundering and terrorism. Selected nation-states and regions in the Western Hemisphere are highlighted to illustrate how individual countries have tried a domestic policy of interdiction and failed to curtail transnational organized crime. Whether a nation is struggling to maintain public confidence in its institutions, or has substantial resources to combat crime beyond its jurisdiction, transnational crimes present a formidable challenge in the region.
Marshall Lloyd argues in ‘Transnational Crimes in the Americas’ that a regional response is the most viable means to combat transnational crimes. First, he demonstrates that the current Organization of American States (OAS) has led the way to orchestrate a united front against transnational crimes, adapting, modifying and expanding the mission of its existing organs. Moreover, the OAS has achieved some success by incorporating a sustainability model to combat illicit drugs among rural farmers. The analysis indicates that despite financial and institutional obstacles, the organization’s stainability programmes show promise in the global effort to combat drug trafficking in the Americas.
Finally, Lloyd suggests the formation of a regional criminal court to prosecute the more egregious criminal organizations. Establishing an Inter-American Court of Criminal Justice requires some intrusion upon the sovereign powers of OAS members. Unlike the International Court of Criminal Justice, the jurisdiction of a regional tribunal is well established by existing agreements (both international and regional) that have defined transnational crimes discussed in the book. His ideas are timely, thought-provoking ideas that will have a compelling impact on legal and policy decisions about the role of the OAS and other regional organizations to combat what legal scholars have acknowledged is a crisis among all nation-states.
Marshall B. Lloyd is adjunct professor at St. Mary’s University School of Law in San Antonio, Texas, USA, and a practising attorney in the state of Texas.
Table of Contents
Section Title | Page | Action | Price |
---|---|---|---|
Cover | Cover 1 | ||
Front Matter | i | ||
Half-title | i | ||
Title page | iii | ||
Copyright information | iv | ||
Table of contents | v | ||
List of Illustrations | ix | ||
Acknowledgments | xi | ||
Chapter One-Eight | 1 | ||
Chapter One Formation of an Institutional Response to Combat Transnational Crimes | 1 | ||
A. Introduction | 1 | ||
B. Assessing the Global Mission of the UNODC | 4 | ||
C. Criticism of the UNODC | 8 | ||
D. Criminal Liability: Prosecution of Transnational Crimes | 11 | ||
E. Formation of the International Criminal Court | 14 | ||
F. Regional Organizations: The Americas and Transnational Crime | 21 | ||
Chapter Two Regional Organizations \nin the Americas | 25 | ||
A. Coordinating a Global Response | 25 | ||
B. Regional Organizations | 27 | ||
C. Organizations in the Americas | 30 | ||
D. Subregional Organizations in the Americas | 39 | ||
E. Unifying the Americas | 46 | ||
Chapter Three Transnational Crimes in the Americas: Regional and \nSubregional Responses | 49 | ||
A. Globalization of Crime | 49 | ||
B. Overview of Transnational Crimes | 51 | ||
1. Drug Trafficking in the Americas | 53 | ||
2. Terrorism in the Americas | 56 | ||
3. Money Laundering | 62 | ||
4. Weapons Trafficking | 65 | ||
5. Human Trafficking | 71 | ||
C. The Challenge from Transnational Organized Crime | 74 | ||
Chapter Four Combating Transnational \nCrimes in the Americas | 75 | ||
A. The Threat of Transnational Organized Crime | 75 | ||
B. Colombia | 77 | ||
C. Peru | 84 | ||
D. Bolivia | 88 | ||
E. Central America | 92 | ||
F. Caribbean Region | 97 | ||
G. Mexico | 101 | ||
H. Canada | 108 | ||
I. United States | 112 | ||
J. Acknowledging the Threats from Transnational \nCriminal Organizations | 123 | ||
Chapter Five Cooperating against Transnational Crimes: A Framework for Sustainable,... | 127 | ||
A. Beyond an Interdiction Response to Transnational Crimes | 127 | ||
B. Sustainability: A Framework to Combat Transnational Crimes | 129 | ||
C. Alternative Development and Transnational Crimes | 134 | ||
D. Sustainable, Alternative Development in the Western Hemisphere | 136 | ||
E. A Subregional Response to Transnational Crimes | 148 | ||
F. Sustainability: An Institutional Response | 153 | ||
Chapter Six Strengthening the Inter-American System: Establishing an Enforcement Response to Transnational Crimes | 157 | ||
A. Lacking a Coherent Response to Transnational Crimes | 157 | ||
B. Inadequacy of the Status Quo | 160 | ||
C. Establishing a Regional Criminal Court | 163 | ||
D. The Inter-American Court of Criminal Justice | 166 | ||
1. Jurisdictional and Substantive Issues | 166 | ||
2. Enforcement, Power and Capacity of an Inter-American \nCriminal Court | 170 | ||
3. The Long Arm of an Inter-American Criminal Court: Jurisprudence, Partnerships and Due Process of Law | 171 | ||
E. Strengthening the Institutional Response | 176 | ||
Chapter Seven Support for a Regional Response to Transnational Crimes | 179 | ||
A. Taking Action against Transnational Crimes | 179 | ||
B. Influence of the OAS in the Western Hemisphere | 181 | ||
C. Sustainable, Alternative Development: Advantages \nin the Western Hemisphere | 182 | ||
D. Broadening the Enforcement Powers of the OAS | 184 | ||
E. OAS Cooperation with Subregional Organizations | 185 | ||
F. Failure to Combat Transnational Crimes | 186 | ||
1. Bilateral Initiatives | 186 | ||
2. Unilateral Initiatives | 188 | ||
G. Summary | 190 | ||
Chapter Eight Conclusion | 193 | ||
A. International Action against Transnational Crimes | 193 | ||
B. A Regional Response to Transnational Crimes | 210 | ||
C. Hemispheric Commitment to Combating Transnational Crimes | 215 | ||
End Matter | 221 | ||
Appendix A | 221 | ||
Appendix B | 225 | ||
Appendix C | 227 | ||
Acronyms and Abbreviations | 231 | ||
Bibliography | 235 | ||
Books | 235 | ||
Journals | 235 | ||
International Agreements | 242 | ||
Regional Agreements | 244 | ||
Subregional Agreements | 245 | ||
Bilateral and Multilateral Agreements | 246 | ||
United Nations Resolutions | 246 | ||
United Nations Reports | 248 | ||
Organization of American States Resolutions | 254 | ||
Organization of American States Documents | 255 | ||
Subregional Organizational Documents | 261 | ||
Cases and Court Exhibits | 262 | ||
US Statutes and Public Laws | 263 | ||
Legislation | 264 | ||
Canadian Statutes and Documents | 264 | ||
U.S. Executive Orders | 265 | ||
US Congressional Hearings | 265 | ||
US Government Agencies Reports | 265 | ||
Press Releases | 268 | ||
Public Remarks | 270 | ||
Restatements of Law | 271 | ||
International Criminal Court Documents | 271 | ||
Inter-Governmental Organizations: Articles and Reports | 271 | ||
Nongovernmental Organizations: Articles and Reports | 272 | ||
News Articles | 274 | ||
Internet Resources | 277 | ||
Miscellaneous | 280 | ||
Index | 283 |