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1 Introduction 1.1 The Rise of Organised Crime 1.2 Contemporary Manifestation of Organised Crime 1.3 The Scope and Aim of This Book Part I: Concepts, Norms and Principles 2 Understanding Organised Crime from a Multi-Disciplinary Perspective 2.1 Introduction 2.2 Concepts of Organised Crime from a Multi-disciplinary Perspective 2.2.1 Organised Crime as a Set of Actors 2.2.2 Organised Crime as a Set of Activities 2.3 Legal Defi nitions of Organised Crime in National and International Law 2.3.1 Defi nitions of Organised Crime in International Law 220.127.116.11 General Discussion 18.104.22.168 The Transnational Nature of Organised Crime 22.214.171.124 'Transnational'and 'International' Crime 2.3.2 Defi nitions of Organised Crime in National Law 2.4 Conclusions 3 Obligations of States under International Law 3.1 Introduction 3.2 The Nature and Extent of Obligations under International Law 3.2.1 Prohibition of Organised Crime and Associated Acts 3.2.2 Criminal Jurisdiction over Organised Crime 3.2.3 Special Investigative Techniques and Intelligence-Led Law Enforcement 3.2.4 Mutual Assistance in Criminal Matters 126.96.36.199 Extradition 188.8.131.52 Other Mutual Legal Assistance 3.2.5 Prevention of Organised Crime 3.3 Key Legal Challenges Facing Effective Implementation of Obligations 3.3.1 Periods of Limitations for Organised Crime 3.3.2 Immunity of Government Offi cials and Diplomats 3.3.3 Protection of Human Rights of Suspects/Defendants 3.4 Conclusions 4 The Role of Non-state Actors in Suppression and Prevention of Organised Crime 4.1 Introduction 4.2 The Role of Non-state Actors in Prevention and Suppression of Organised Crime 4.2.1 The Concept of Global Governance 4.2.2 Global Governance over Transnational Organised Crime 184.108.40.206 Decision-Making and Participation 220.127.116.11 Accountability 18.104.22.168.1 Individual Criminal Responsibility 22.214.171.124.2 Criminal Organisations 126.96.36.199.3 Legal Persons 188.8.131.52.4 International Organisations 4.3 Towards an Inclusive Notion of the 'International Community' 4.4 Conclusions Part II: Enforcement of Norms and Principles 5 National Case Studies of Thailand, Serbia, Kosovo and the UK 5.1 Introduction 5.2 Thailand 5.2.1 Legal Framework to Address Organised Crime 184.108.40.206 Legislation on Substantive Offences 220.127.116.11 Legislation on Criminal Procedure and International Co-operation 18.104.22.168.1 Criminal Jurisdiction and Investigative Powers 22.214.171.124.2 The Rights of Suspects/Defendants, Victims and Witnesses 126.96.36.199.3 Mutual Legal Assistance in Criminal Matters 5.2.2 Assessment of Law Enforcement in Thailand 5.3 Serbia 5.3.1 Legal Framework to Address Organised Crime 188.8.131.52 Legislation on Substantive Offences 184.108.40.206 Legislation on Criminal Procedure and International Co-operation 220.127.116.11.1 Criminal Jurisdiction and Investigative Powers 18.104.22.168.2 The Rights of Suspects/Defendants, Victims and Witnesses 22.214.171.124.3 Mutual Legal Assistance in Criminal Matters 5.3.2 Assessment of Law Enforcement in Serbia 5.4 Kosovo 5.4.1 Legal Framework to Address Organised Crime 126.96.36.199 Legislation on Substantive Offences 188.8.131.52 Legislation on Criminal Procedure and International Co-operation 184.108.40.206.1 Criminal Jurisdiction and Investigative Powers 220.127.116.11.2 The Rights of Suspects/Defendants, Victims and Witnesses 18.104.22.168.3 Mutual Legal Assistance in Criminal Matters 5.4.2 Assessment of Law Enforcement in Kosovo 5.5 The UK 5.5.1 Legal Framework to Address Organised Crime 22.214.171.124 Legislation on Substantive Offences 126.96.36.199 Legislation on Criminal Procedure and International Co-operation 188.8.131.52.1 Criminal Jurisdiction and Investigative Powers 184.108.40.206.2 The Rights of Suspects/Defendants, Victims and Witnesses 220.127.116.11.3 Mutual Legal Assistance in Criminal Matters 5.5.2 Assessment of Law Enforcement in the UK 5.6 Comparative Analysis 5.7 Conclusions 6 The EU and Transnational Organised Crime 6.1 Introduction 6.2 Law, Policies and Measures under the TEU 6.2.1 Overview 1 6.2.2 Analysis of the TEU Measures 6.3 Law, Policies and Measures under the TEU as Revised by the Treaty of Amsterdam 6.3.1 Overview 6.3.2 Approximation of National Laws 6.3.3 Mutual Recognition of Judicial Decisions 6.3.4 The Principle of Availability-Intelligence Exchange 6.3.5 Analysis of Measures under the TEU as Revised by the Treaty of Amsterdam 18.104.22.168 Application of Approximation, Mutual Recognition and the Principle of Availability 22.214.171.124 Other Issues 6.4 The Future of the EU Action against Organised Crime in Light of the Lisbon Treaty 6.5 Conclusions 7 International Responses to Transnational Organised Crime 7.1 Introduction 7.2 Monitoring Implementation of the Organised Crime Convention 7.3 Provision of Technical Assistance 7.4 International Co-operation 7.4.1 Inter-state Co-operation 7.4.2 Inter-Agency Co-operation: UNIAP 7.5 Conclusions 8 Conclusion Selected Bibliography Books and Articles Reports and Working Papers
Tom Obokata is a Lecturer in Law at the Queen's University, Belfast.
Tom Obokata has written the most useful and comprehensive book that sheds light upon the complex relationship between organised crime and international law. As both crime and law become evermore 'transnational' it is essential that concerned police officials, lawyers and judges as well as academics have such well researched in-depth assistance which is what this excellent work provides. Written in a very readable and lucid style it should form part of every international lawyer's library H. E Judge Howard Morrison, ICTY ... a welcome addition in a research field which has seen significant developments in the last years, but a relatively low number of scholarly works. ... a thorough analysis of the relationship between organized crime and international criminal law Francesco Calderoni The European Journal of Criminal Policy and Research April 2011