Findlay & Hanif: International Conventions and the Failure of a Transnational Approach to Controlling Asian Crime Business

Mark Findlay (Univ. of Sydney - Law ) & Nafis Hanif (Univ. of Sydney - Law) have posted International Conventions and the Failure of a Transnational Approach to Controlling Asian Crime Business. Here's the abstract:

The paper argues that without a realistic understanding of criminal enterprise located against the commercial forces shaping contemporary Asian market contexts, then domestic, bi-lateral, regional and international control initiatives are not only likely to fail in their regulatory objectives, but the premises on which they are constructed may heighten the market conditions for crime business profitability.

The international convention-based approach to regulating transnational and organized crime is the framework from which a critique of non-market centred law enforcement control concentrations is developed. This critique reveals the transposition of flawed normative control considerations from domestic to supra-national control contexts, and shows how this in turn constrains and is constrained by organized crime research.

The paper suggests a novel methodology for understanding Asian crime business in its specific market realities and conditions. The analysis calls for a shift away from the normative ascription to supply directed regulatory emphasis. In conclusion, conventional crime control perspectives and directives can usefully be critiqued from their international as well as their domestic frames, enabling the creation of a refined and holistic legal response at each level that is supported by and not retarded with holistic research understandings.