Search

Begin New Search Content Type Journal Article

5001. Fighting Transnational Environmental Crime

Author:
Lorraine Elliott
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
Transnational environmental crime (TEC) is often not taken seriously within the broader policy and enforcement community. It is one of the fastest growing areas of cross-border criminal enterprise involving high profits and low risk for those involved in timber trafficking, wildlife smuggling, the black market in ozone-depleting substances, and the illegal trade in hazardous and toxic waste. TEC is increasingly characterized by commodity-specific smuggling networks, the intrusion of criminal groups involved in other forms of illegal trade and, in some cases, politically motivated organizations for whom this generates income to support other activities. But unlike other forms of transnational crime, there is no international treaty to prevent, suppress, and punish the kinds of trafficking and smuggling that constitute transnational environmental crime. The global regulatory and enforcement community has therefore developed innovative collaborative mechanisms to meet both the criminal and environmental challenges associated with this increasingly serious form of cross-border crime. Despite their successes, their efforts remain under-resourced. This article examines the challenges of TEC and efforts to respond to those challenges in the face of uncertain resources and limited awareness.
Topic:
Environment

5002. Corporate Criminal Liability: Article 10 of the Convention Against Transnational Organized Crime

Author:
Mohamed Mattar
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
The UN Convention against Transnational Organized Crime (UNCTOC) establishes criminal liability of the corporation as a legal entity in addition to the individual liability of persons who may be acting on behalf of the corporation. The purpose of this article is to address corporate criminal liability for illicit business practices that may be committed by a corporation in violation of international human rights law. This article will discuss corporate criminal liability under international conventional law and will discuss the extent to which U.S. domestic laws recognize corporate criminal liability. The article will highlight new trends in international law related to corporate liability, as well as instances where the legitimacy of corporate liability has been legally denied. Using Article 10 and domestic precedent, this article will argue that the role corporations play in international trade and development warrants their accountability and responsibility once they are involved in illicit business practices.
Topic:
United Nations
Political Geography:
United States

5003. International Narcotics Law Enforcement: A Study in Irrationality

Author:
Frank G. Madsen
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
This year sees the celebration of the first century of international legal provisions against the illicit production and trade of narcotics substances. Accordingly, this is an appropriate moment to evaluate the results obtained. The following essay considers how the international prohibition regime created the crime of drug trafficking. The ensuing function of denied demand is the inescapable basis for the development of organized crime. Second, costs of the regime are critically assessed. The former include institutional costs of law enforcement and of the incarceration of individuals sentenced for drug trafficking and related offences, e.g., violence and financial crimes. The indirect costs are difficult to gauge and impossible to monetize. They include the immense suffering caused by drug trafficking as well as the deterioration of public services due to corruption. The present situation on both sides of the U.S.-Mexico border is sufficiently eloquent evidence. Also, narcotics legislation leads to racial tension since the incarceration rates for non-whites for these offences is considerably higher than for whites in the United State and the United Kingdom. Third, political premises are briefly analyzed, namely the implementation of narcotics liaison offices in foreign jurisdictions and the linking of foreign aid and trade privileges to a certification of trade partners' adherence to U.S. antinarcotic drugs law enforcement. One might claim, somewhat counterintuitively, that decriminalization of drug trafficking is not necessary. Drug trafficking has already been decriminalized de facto, if not de jure, by the sheer, constant saturation of the market place.
Topic:
International Law
Political Geography:
United States and Mexico

5004. Organized Crime in a Network Society

Author:
Misha Glenny and Ronald Davis
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
The very benefits of the Internet make it susceptible to being used against individuals, organizations, and states. The changing role of organized crime in a networked society demands understanding the risks involved when using new technologies. Misha Glenny, author of McMafia: Journey through the Global Criminal Underworld, explores the transitions and rapid expansion of what he calls the "global shadow economy," which today accounts for approximately 15 to 20 percent of the world's GDP. According to Glenny, the great danger of cybercrime is the high risk of potentially affecting a large part of the world that is linked to the web and that finds significant value in its interconnectedness. In this interview, conducted by Ronald Davis of the Journal, Misha Glenny exposes the inherent problems associated with the nature of the Internet with respect to organized crime.

5005. Demands of Supply

Author:
Matthew Hockenberry
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
Global trade can give rise to new economic possibilities in developing regions and open a boundless world of opportunity for design and production. The above map shows the supply chains behind electronics manufacture. Constructed by bringing together the routes of consumer electronics products at different stages of assembly, this map provides an overview of the network traveled in global manufacture. As production has become increasingly complex, actors have emerged to take advantage of friction inherent in supply lines. Each point and pathway shown on the map is a site for the potential proliferation of transnational conflict. The products we consume traverse convoluted pathways of production; pathways put at risk by questionable practices that bring profits at the expense of working conditions, regional stability, and the environment. As seen in this supply chain, the smooth shells that characterize electronic objects can also be cracked by the jagged realities entailed in their construction.
Topic:
Environment

5006. Whither Antidrug Policy?

Author:
Vanda Felbab-Brown and Ania Calderón
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
Vanda Felbab-Brown, an expert on illicit economies and international and internal conflict management, analyzes the unprecedented pace at which the illicit drug trade is expanding. Her perspective identifies common mistakes in antidrug-designed policies and stresses the need for governments to reprioritize their objectives. She debunks established myths around the commonality of drug trade and its impact on society. Often, policies are not successful because public officials do not effectively identify the central issues surrounding drug violence or the consequences of implementing antidrug trade policies. According to Felbab-Brown, governments need to distinguish “good” from “bad” criminals, as this will determine the degree of violence displayed. Also, when governments try to suppress illicit activities, they need to recognized that others will replace them. In an interview with the Journal's Ania Calderón, Felbab-Brown offers a novel analysis of drug violence and their association to the context of a country, as well as to the nature of antidrug policies.
Political Geography:
United States and India

5007. Global Vice: The Expanding Territory of the Yakuza

Author:
Jake Adelstein and Ania Calderón
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
As the world furthers its interconnectedness, some criminal organizations formerly operating within a regional jurisdiction are now benefitting from transnational growth. Similar to international corporate expansion, members of organized crime in Japan, also called yakuza, have proven to be “innovative entrepreneurs,” increasing their profits by extending their reach. Based on his reporting on crime in Japan for more than twelve years, investigative journalist and author of Tokyo Vice: An American Reporter on the Police Beat in Japan, Jake Adelstein, has uncovered compelling insights from the operations of modern yakuza and their reaction toward legal constraints. In an interview with Ania Calderón of the Journal, Adelstein discusses how the yakuza are transitioning into powerful organizations and becoming increasingly international.
Political Geography:
Japan, America, and Tokyo

5008. Archaeology of the Present: Organized Crime through the Study of Urban Built Environments

Author:
Eyal Weizman and Guillermo Ruiz de Teresa
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
The urban landscape is a testament to the impact of transnational organized crime (TOC) in the everyday lives of citizens. Because of this, architects and urban planners have an interesting role to play in understanding the complexity of this issue. Acting as archaeologists of the present, they can trace the intricate relationship of crime and its different actors within a transnational network, as it touches ground and transforms cities across borders. Cities are the ultimate battleground of TOC. The controversial topic of occupation law is approached in a conversation on how urban environments are increasingly performing both as spaces of control and spaces of contestation and resistance, and are therefore shaped and transformed by this interplay. Eyal Weizman, director of the Centre for the Research of Architecture at Goldsmiths, University of London, developed a 'forensic' field of study within the realm of architecture, where, by examining the traces of history and its politics within the built environment, a larger understanding of a city and its society can be read. In the context of this issue, Weizman discusses with Guillermo Ruiz de Teresa, architect and Master in Design Studies candidate at Harvard University, how architecture can perform as an able narrator in interpreting and unveiling the way crime embeds itself within the built environment of our cities and thus becomes an active participant in shaping them.
Topic:
Environment
Political Geography:
London and Durban

5009. Rio De Janeiro: A Local Response to a Global Challenge

Author:
Col. Robson Rodrigues da Silva and Laura Vargas
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
Transnational organized crime is often manifested by prevalent territorial disputes between rival criminal factions at local levels. Rio de Janeiro—considered one of the most violent of Brazilian cities—has linked lack of security in more than 1,000 of its favelas to a rise in drug trafficking on a regional and cross-border scale. Nonetheless, this city has attracted considerable international attention and investment in the wake of being chosen as host of the upcoming 2014 FIFA World Cup and the 2016 Summer Olympics. Since 2008, Rio de Janeiro has launched innovative efforts to reduce violence and change the city's security perceptions—mostly through community policing mechanisms—by establishing more than twenty permanent Pacifying Police Units, called Unidade de Policia Pacificadora (UPP), in its most entrenched communities. Recent progress in reducing Rio de Janeiro's crime rates has partially been attributed to the UPP's successful implementation. Col. Robson Rodrigues da Silva, current Chief of Staff of Administration of the State Military Police of Rio de Janeiro (PMERJ) and former Coordinating Commander of the UPP, explains that the main goal of this program has been to gradually replace repressive action with social preventive measures. Laura Vargas, of the Journal, conducted the following interview with Col. Robson Rodrigues da Silva.
Political Geography:
Brazil

5010. Borderland Conditions between the United States and Mexico

Author:
Natalia Mendoza and Rachel St. John
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
The border as a unit of analysis becomes a key player when addressing issues of transnational scale. Throughout history, the shape and meaning of borders have evolved as dynamic configurations responding to a wide range of political, economic, and social affairs. In an effort to understand transnational organized crime (TOC) from a geographical lens, historian Rachel St. John and anthropologist Natalia Mendoza reflect on the changing condition of the U.S.-Mexico border and its spillover effect on peripheral communities. St. John has analyzed the history of the borderlands in her book Line in the Sand, where she explains how the capability of the border to attract people to it creates “a form of negotiated sovereignty” subject to “practical difficulties, transnational forces, local communities and the actions of their counterparts across the line.”[i] Mendoza's ethnographical approach to her field work in the village of Altar in Sonora, Mexico, produced a collection of local narratives on how a community around the border has developed creative ways, both legal and extralegal, to confront the boundary line at a time when governments extend and reinforce the space of state surveillance. The following is a conversation between these two scholars regarding organized crime at the U.S.-Mexico border that can provide a better understanding of a wider conditionality of the boundary line.
Topic:
Government
Political Geography:
United States and Mexico