Governing Through Globalised Crime: Futures for International Criminal Justice

by Findlay; Mark J.

• ISBN13: 9781843923084
• ISBN10: 1843923084
• eBook ISBN(s): 9781134007141
• Format: Nonspecific Binding
• Copyright: 2008-04-01
• Publisher: Willan

Summary

Governing through Globalised Crime analyses the impact of the new globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance.This book argues that values of freedom, equality, communitarian harmony and personal integrity which the prosecution of crimes against humanity are said to advance, need not be sacrificed in a new world order obsessed with partial security and secularized risk. This book interrogates the governance capacity of international criminal justice, arguing that it provides a central, and as yet compromised, tool for global governance.In exploring the dependency of global governance on crime and control, projections can be made about the changing face of international criminal justice. Fundamental transformation is required to hold unjust global dominion to account.The book's policy perspective challenges international criminal justice to return to the more critical position justice has exercised in the separation of powers constitutional legality. For liberal democratic theory at least, judicial authority and its institutions have ensured constitutional legality by requiring the legislature and the executive to operate accountably against a higher normative order. When the analysis moves to the consideration of victim community interests, and from there to the appropriate global constituencies of international criminal justice, the nature and limitations of international criminal justice supporting governance in the risk/security model, becomes apparent.

Table of Contents

Acknowledgements	p. ix
Introduction	p. xi
The new globalisation - modernity to risk societies	p. 1
Introduction	p. 1
Imagining globalisation	p. 4
Globalisation dynamics	p. 6
Terror triggers	p. 7
War discourse and citizenship	p. 9
Achieving the international through new globalisation	p. 10
The hegemonic project	p. 11
Neo-liberalism	p. 14
New globalisation and domestic states	p. 16
Globalising crime concerns	p. 20
Globalisation and world systems theory	p. 21
The myth of a borderless world?	p. 24
Globalisation or Westernisation?	p. 25
Individuals and communities	p. 26
Unbundling the relationship between sovereignty, territoriality and political power	p. 27
Globalised values and governance?	p. 29
New globalisation?	p. 33
Conclusion	p. 37
Crime and risk - nexus between crime and globalisation	p. 39
Introduction	p. 39
Risk societies	p. 40
Risk from risk	p. 42
Prediction	p. 44
The conditionality and contextualisation of risk	p. 46
The risk of terror	p. 47
Risk management through criminal justice	p. 49
The crime/globalisation nexus	p. 51
Conclusion	p. 53
A review of global crime problems - studies of crime as global risk	p. 55
Introduction	p. 55
Imagining risk	p. 56
Governance under challenge	p. 57
Corruption - weak states or good business?	p. 59
Corruption/modernisation nexus	p. 62
Enterprise theory and a market model for corruption regulation	p. 63
Common characteristics of organised crime	p. 67
Organised crime as the banker for terrorism	p. 71
Organised crime as terrorism	p. 73
Representations of organised crime threat	p. 74
Terrorism and the challenge to the state	p. 77
Globalisation and terrorism	p. 78
The local and the global - terrorism as an organised crime threat: the Australian context	p. 79
Conventional representations of organised crime - lessons for the interpretation of terrorism	p. 80
Social situations of organised crime /terrorism - domestic and beyond	p. 81
Conclusion	p. 84
Risk and security - studies of global crime control responses in the context of international security	p. 87
Introduction	p. 87
Studying risk and security	p. 88
Criminal justice and terrorism	p. 90
Negotiating violence	p. 93
Purposeful violence? The utility of justice and terror	p. 94
Contested meanings? The battle for truth and the battle over blame	p. 96
Victor's justice? Victim valorisation	p. 98
Victims' vengeance? The partiality of innocence	p. 101
Communities of resistance? The alternative audience	p. 102
Primacy of the individual? The value of life	p. 103
Maintaining dichotomies? The us and them story	p. 104
Conclusion	p. 106
International criminal justice and governance	p. 108
Introduction	p. 108
International criminal justice?	p. 109
Motivational origins	p. 111
How `international' is international criminal justice? The relationship between international criminal justice and national criminal justice	p. 116
How is international criminal justice manifest?	p. 120
Convergence of restorative and retributive themes	p. 130
Conclusion - justice on to governance	p. 132
Governing through globalised crime	p. 140
Introduction	p. 140
Can globalised crime construct governance?	p. 145
Can crime control determine considerations of risk and security?	p. 149
How do globalised crime priorities inform the political discourse of globalisation?	p. 151
How does international criminal justice relate to global governance?	p. 152
Crime control and governance - the challenge for understanding international criminal justice	p. 154
Conclusion	p. 157
Tensions between globalised governance and internationalised justice	p. 160
Introduction	p. 160
Who governs globally?	p. 161
Tensions between globalised crime and international criminal justice	p. 164
Tensions over security, development and justice	p. 166
Crime, justice and state reconstruction	p. 171
Inadequacies of justice in global governance - communities of justice	p. 174
Problematic constituencies - victim communities	p. 176
Violence focus	p. 181
Tensions over jurisdiction and mandate	p. 185
Formal and less formal justice paradigms - all about `alternatives'?	p. 186
Conclusion - tension into transformation	p. 188
The crucial place of crime and control within the transformation of globalised cultures	p. 193
Introduction	p. 193
Case studying the influence of hybrid jurisdictions - China and beyond	p. 195
China and the ICC	p. 196
Procedural traditions for international criminal law - China's place?	p. 199
Resolving the tensions between individual and collective criminal liability in international prosecutions	p. 204
Alternative international criminal justice - the way forward for China?	p. 206
Integrating hybrid traditions	p. 208
Conclusion	p. 211
Global governance and the future of international criminal justice transformed	p. 215
Introduction	p. 215
Restating the thesis	p. 218
Pluralism within globalisation	p. 219
The globalisation project in context	p. 220
The dialectic of global hegemony	p. 222
The dialectic of ICJ and global governance	p. 225
The dialectic of regulatory pluralism and globalised economy	p. 227
Resolving clashes	p. 229
Dialectics of accountability and politicised justice	p. 231
The moral dialectic - governance in the name of humanity	p. 232
Transforming global governance - paths yet to be taken	p. 233
Bibliography	p. 241
Index	p. 263
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