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Title: The Criterion of "Connection" : a model to harmonise domestic practice in relation to transnational crime
Author: Canestri, D.
Awarding Body: University of Essex
Current Institution: University of Essex
Date of Award: 2011
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Nowadays criminals often operate transnationally and their illicit behaviour is also perceived as a threat by countries not directly affected by their crimes. Criminal law is increasingly influenced by supranational instruments, the "deterritorialisation" of criminal norms has been theorised and the "transnational criminal law}} (TCL) concept has been introduced. However, national prosecutors are still limited by difficulties in crossing the boundaries of national jurisdictions to combat transnational crimes. The concept of transnational criminal law has been elaborated but is missing a related enforcement mechanism. The Westphalian concept of State sovereignty has been rethought, but extraterritorial prosecution of criminals is still undertaken in a nonharmonic manner. Scholars are often engaged in justifying the extraterritorial practices of States within the international principles on jurisdiction and in elaborating strategies to limit the risk of conflict of jurisdiction between states. This thesis aims to bypass such an approach and address the needs of national prosecutors in acting transnationally. In the globalised world, it is not necessary to limit extraterritorial assertions of States but instead to transform them into a harmonic and shared method for transnational repressions. International common interest in repressing transnational behaviours and the existence of transnational crimes identified by criminal suppression conventions are the bases for such a method. This thesis develops a possible model to strengthen the protection of transnational interests and to harmonise States' extraterritorial practice within an effectiveness approach. The model does not require any international convention but rather the introduction in each jurisdiction of an innovative connection criterion on transnational crimes. Such a criterion will be related to offences already criminalised by international conventions and will be the enforcement mechanism TCL still lacks.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available