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A study of the importance of working within public, international organizations to combat transnational crime.

‘Transnational Crimes in the Americas’ addresses contemporary issues with respect to public institutions that are stakeholders in the fight against globalization of crime. Regional public organizations, with a primary focus on the Americas, constitute a framework for understanding the need for an institutional response within the Western Hemisphere. While other authors have addressed the growth of organized crime, no one has explained institutional developments in the struggle against transnational crimes.

'Transnational Crimes in the Americas’ highlights existing organizations, emphasizing a regional response to transnational crimes, suggestions for a permanent criminal court in the Americas and an appraisal of the current state of institutional developments in the region.

1. Formation of an Institutional Response to Combat Transnational Crimes; 2. Regional Organizations in the Americas; 3. Transnational Crimes in the Americas: Regional and Sub-regional Responses; 4. Combating Transnational Crimes in the Americas; 5. Cooperating against Transnational Crimes: A Framework for Sustainable, Alternative Development in the Americas; 6. Strengthening the Inter-American System: Establishing an Enforcement Response to Transnational Crimes; 7. Support for a Regional Response to Transnational Crimes; 8. Conclusion; Appendix A; Appendix B; Appendix C; Acronyms and Abbreviations; Bibliography; Index.

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HISTORY

General officer

Latin America

LAW

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International

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Publié par	Anthem Press
Date de parution	30 octobre 2018
Nombre de lectures	1
EAN13	9781783088430
Langue	English

Informations légales : prix de location à la page 0,0076€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

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Transnational Crimes in the Americas
Transnational Crimes in the Americas
Law, Policy and Institutions
Marshall B. Lloyd
Anthem Press
An imprint of Wimbledon Publishing Company
www.anthempress.com

This edition first published in UK and USA 2018
by ANTHEM PRESS
75–76 Blackfriars Road, London SE1 8HA, UK
or PO Box 9779, London SW19 7ZG, UK
and
244 Madison Ave #116, New York, NY 10016, USA

The author asserts the moral right to be identified as the author of this work.

All rights reserved. Without limiting the rights under copyright reserved above,
no part of this publication may be reproduced, stored or introduced into
a retrieval system, or transmitted, in any form or by any means
(electronic, mechanical, photocopying, recording or otherwise),
without the prior written permission of both the copyright
owner and the above publisher of this book.

British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.

ISBN-13: 978-1-78308-841-6 (Hbk)
ISBN-10: 1-78308-841-9 (Hbk)
CONTENTS
List of Illustrations

Acknowledgments

Chapter One Formation of an Institutional Response to Combat Transnational Crimes

A Introduction
B Assessing the Global Mission of the UNODC
C Criticism of the UNODC
D Criminal Liability: Prosecution of Transnational Crimes
E Formation of the International Criminal Court
F Regional Organizations: The Americas and Transnational Crime
Chapter Two Regional Organizations in the Americas

A Coordinating a Global Response
B Regional Organizations
C Organizations in the Americas
D Subregional Organizations in the Americas
E Unifying the Americas
Chapter Three Transnational Crimes in the Americas: Regional and Subregional Responses

A Globalization of Crime
B Overview of Transnational Crimes
1 Drug Trafficking in the Americas
2 Terrorism in the Americas
3 Money Laundering
4 Weapons Trafficking
5 Human Trafficking
C The Challenge from Transnational Organized Crime
Chapter Four Combating Transnational Crimes in the Americas

A The Threat of Transnational Organized Crime
B Colombia
C Peru
D Bolivia
E Central America
F Caribbean Region
G Mexico
H Canada
I United States
J Acknowledging the Threats from Transnational Criminal Organizations
Chapter Five Cooperating against Transnational Crimes: A Framework for Sustainable, Alternative Development in the Americas

A Beyond an Interdiction Response to Transnational Crimes
B Sustainability: A Framework to Combat Transnational Crimes
C Alternative Development and Transnational Crimes
D Sustainable, Alternative Development in the Western Hemisphere
E A Subregional Response to Transnational Crimes
F Sustainability: An Institutional Response
Chapter Six Strengthening the Inter-American System: Establishing an Enforcement Response to Transnational Crimes

A Lacking a Coherent Response to Transnational Crimes
B Inadequacy of the Status Quo
C Establishing a Regional Criminal Court
D The Inter-American Court of Criminal Justice
1 Jurisdictional and Substantive Issues
2 Enforcement, Power and Capacity of an Inter-American Criminal Court
3 The Long Arm of an Inter-American Criminal Court: Jurisprudence, Partnerships and Due Process of Law
E Strengthening the Institutional Response
Chapter Seven Support for a Regional Response to Transnational Crimes

A Taking Action against Transnational Crimes
B Influence of the OAS in the Western Hemisphere
C Sustainable, Alternative Development: Advantages in the Western Hemisphere
D Broadening the Enforcement Powers of the OAS
E OAS Cooperation with Subregional Organizations
F Failure to Combat Transnational Crimes
1 Bilateral Initiatives
2 Unilateral Initiatives
G Summary
Chapter Eight Conclusion

A International Action against Transnational Crimes
B A Regional Response to Transnational Crimes
C Hemispheric Commitment to Combating Transnational Crimes
Appendix A
Appendix B
Appendix C
Acronyms and Abbreviations
Bibliography
Index
ILLUSTRATIONS
Figures
2.1 Inter-American Drug Abuse Control Commission
2.2 Inter-American Committee against Terrorism
2.3 Organization of American States: Institutional response to transnational crimes in the Americas
5.1 Sustainability alternative development: An institutional response in the Western Hemisphere
8.1 Transnational crimes: Dynamics of public policy formation in the inter-American system
8.2 Organization of American States: Institutional framework in response to transnational crimes
Chart
2.1 Subregional Organizations Combating Transnational Crimes in the Americas
Table
8.1 US Department of Homeland Security: Custom and border protection of facts and figures on a typical day in fiscal years 2008–2012
ACKNOWLEDGMENTS
First, I would like to thank my adviser Professor Dr. iur. Roza Pati for her contributions to my research and scholarly pursuit. Professor Pati, executive director of the LLM, JSD program in intercultural human rights, provided invaluable insight in transnational crimes and the nexus with international law. Without her guidance and persistent help, this book would not have been possible.
I would also like to thank Professor Dr. iur. Siegfried Wiessner, director of the graduate program in intercultural human rights, who initially interviewed and granted me admission to the program. Professor Wiessner was gracious to allow me the flexibility to complete the residency requirements. I will never forget the personal assistance you have provided and the fact that I was the first outside candidate accepted into the program at St. Thomas University School of Law.
During the research and analysis of this project, I met several times with Joseph Gay, assistant US attorney, chief of the appellate section, and Walter “Bud” Paulissen, assistant US attorney, Criminal Division, Western District of Texas, US Department of Justice. They contributed suggestions, ideas and clarification on jurisdictional issues that are not readily apparent to the average scholarly inquiry. I am indebted to their generous efforts in assisting and encouraging me to complete the book.
In addition, a thank you to Professor Robert L. Summers at St. Mary’s University School of Law in San Antonio, Texas. Professor Summers introduced me to the various facets of international law and inspired me to grasp the underlying structures of international institutions. His personal interest in my success is invaluable as a mentor, friend and a Brother in Christ.
In appreciation for understanding my long nights at the computer, I thank my children, Laura and Robert. The time I spent away from home and devoted to researching the book was a sacrifice for them. This book would not have been possible without the support and encouragement of my family.
Finally, I would like to thank my parents, Maggie Ruth Lloyd and Ray M. Lloyd, who sacrificed their interest for my success as an academician. My parents could not read at an adult level, but they had the wisdom to ask a neighbor, Douglas Williams, an African American, to point me in a direction to succeed. Douglas moved into the neighborhood during the late 1960s, an era of unrest and social conflict. Despite the obvious differences, Douglas devoted his efforts to ensure I had someone in my life who understood the importance of education. Douglas did everything possible except adopt me as a child and has had my utmost respect as a friend for over 50 years.
Chapter One
FORMATION OF AN INSTITUTIONAL RESPONSE TO COMBAT TRANSNATIONAL CRIMES
A. Introduction
Transnational organized crime (TOC) represents a serious threat to the sovereignty of nation-states as criminal groups extend their influence within public institutions and diversify their enterprises. 1 Organized criminal activities include, but are not limited to, illicit drugs, trafficking in weapons, money laundering and human trafficking. Globalization of markets presents an opportunity to establish networks that extend beyond traditional hierarchical structures of criminal groups. 2 Contributing to the growth of TOC is the globalization of commerce that benefits from an easing of trade restrictions, 3 technology in the form of communication systems and financial institutions that can transfer billions from criminal networks. 4 It is not surprising that activities of TOC networks threaten the stability of international political and economic systems. Transnational criminal organizations “are increasingly entrenched in the operations of foreign governments and the international financial system, thereby weakening democratic institutions, degrading the rule of law, and undermining economic markets. These organizations facilitate and aggravate violent civil conflicts and increasingly facilitate activities of other dangerous persons.” 5
In some cases, countries entering into trade agreements neglect to address criminal organizations despite subsequent developments indicating that criminal networks take advantage of integrating markets and financial institutions. 6 Acting alone, some countries attempt to seize the assets of criminal networks, 7 while urging others to adopt similar measures against criminal organizations that ̶