Special Topics in International Law 2: Transnational Criminal Law

This course is a 'hollow log' and the content may vary from year to year. It is designed to accommodate visiting lecturers or to trial a course before introducing it into the full curriculum.

The topic for 2009 will be Transnational Criminal Law

Objectives:

This course considers the nature of transnational crime, its global and regional context and the responses of the international community to this phenomenon.  It will examine the various forms of transnational crime and the perception that transnational crime is a growing problem linked to globalization and security threats such as terrorism.  Recent multilateral instruments which address transnational crime including the UN Convention against Transnational Organized Crime and the UN Convention against Corruption will be considered together with key forms of criminal justice cooperation such as extradition and mutual legal assistance.  The course will also address global and regional efforts to control the financial dimensions of transnational crime such as money laundering and terrorist financing.

 Proposed Topics:

• Definitions of transnational crime
• Forms of transnational crime - people smuggling, trafficking in persons, illicit drug trafficking, arms trafficking, illegal trade in wildlife, money laundering and terrorist financing
• Global and regional context of transnational crime including the links between globalisation, terrorism and transnational crime
• International legal instruments which have been developed to combat transnational crime - UN Nations Transnational Organized Crime Convention and its three protocols on people smuggling, trafficking in persons and firearms trafficking, UN Convention against Corruption, OECD Convention on Bribery of Foreign Public Officials
• Bilateral and multilateral forms of criminal justice cooperation used to combat transnational crime - extradition, mutual legal assistance and recovery of proceeds of crime
• Financial aspects of transnational crime - international cooperation in combating money laundering - Financial Action Task Force Activities, regional anti money laundering and counter terrorist financing activities

At the conclusion of this course students should be:

• Be aware of the multiple forms of transnational crime
• Understand the global and regional developments which have fostered the growth of transnational crime
• Understand the detrimental effects of transnational crime on regional and global security
• Be aware of the connections often drawn between transnational crime and terrorism and be able to analyse the links
• Be familiar with the various international conventions which promote cooperation in combating transnational crime
• Be aware of the bilateral mechanisms for cooperation in combating transnational crime
• Be familiar with Australian legislation dealing with the prevention and prosecution of transnational crimes such as people smuggling and trafficking in persons
• Be aware of recent Australian cases dealing with the prosecution of transnational crimes such as people smuggling and trafficking in persons

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

26 Contact Hours (Intensive Delivery)

Click here for 2009 Graduate Law Timetable

The preliminary reading required for this course will be available from the course home page at least one week prior to the commencement of the course.