13/11/2018
Conférence duProfesseur Valsamis Mitsilegas (Dean of the school of law of Queen Mary University of London), jeudi 8 mars 2018, 18h, Salle 1, Centre Panthéon
Transnational Criminal Law and the Global Rule of Law.
Abstract:
The past three decades have witnessed the adoption at the global and regional level of a plethora of regulatory and legislative measures aimed at countering transnational crime. Rather than forming a homogenous body of norms, these measures have been adopted in a variety of forms and fora.
The aim of this lecture is to map the development of these measures and examine their relationship with the ‘global rule of law’ by evaluating critically the processes under which transnational criminal law norms have been adopted (rule of law ex ante) and the processes under which these norms have been implemented globally (rule of law ex post). In order to do so, the lecture will put forward a typology of production of transnational criminal law norms. It will examine in turn the production and implementation of transnational criminal law via: ‘hard law’ global multilateral conventions’; the turn to regionalism, by focusing on the work of the Council of Europe; ‘soft’ or ‘informal’ law, by focusing on the activities of the Financial Action Task Force (FATF); ‘global administrative law’, as expressed by the activities of the UN Security Council; and supranational, EU, law. The final part of the lecture will focus on the extraterritorial reach of transnational criminal law via the application of the principle of mutual recognition in the field, and ask whether lessons can be learnt by the operation of the principle in EU criminal law and in particular in the system established by the Framework Decision on the European Arrest Warrant. Having established this comprehensive typology of transnational criminal law making, the lecture will assess its impact on the global rule of law by examining both the emergence of these regimes independently, but also their interrelation and interaction in forming a global multi-level system of governance of transnational crime.
Lecturer: Professor Valsamis Mitsilegas, Professor of European Criminal Law and Global Security, Head of the Department of Law, and Academic Lead for Internationalisation, Queen Mary University of London
History (Late Ottoman Empire, Genocide, Human Rights); Cultural Studies (Diaspora, Trauma, Memory); Literary Studies (Comparative Literature, Translation, Literatures of the Modern Middle East); Modern Middle East (Turkey)
