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International Law and Transnational Organised Crime edited by Hauck, Pierre; Peterke, Sven (7th July 2016)

Part II UN Core Conventions on Transnational Organised Crime, 7 The UN Convention against Transnational Organised Crime 2000

Neil Boister

From: International Law and Transnational Organised Crime

Edited By: Pierre Hauck, Sven Peterke

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 November 2019

Subject(s):
Organized crime — Corruption

Adopted in 2000 in Palermo, the UN Convention Against Transnational Organised Crime (UNTOC) has been neglected after an initial burst of academic interest. It requires states parties to promise to alter their law to enact a new range of offences as well as a range of procedural measures in order to suppress transnational organised crime (TOC). This chapter shows that, because of the inability to agree on a concept of TOC, the UNTOC is based on the concepts of commission of serious crime transnationally by organised criminal groups. These concepts play a role in the definitions of the UNTOC's four specific offences and as conditions for cooperation. The chapter concludes that the UNTOC is a flexible instrument that can be used against emerging criminal activity but this flexibility is also considered a weakness because it cannot be used to compel states parties to criminalize activities commonly associated with TOC.

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