Transnational organised crime and international law: The Palermo Convention

The last decade has witnessed a significant growth in transnational organised crime activities. It has also seen multiple efforts by the international community to come to terms with this rise of organised crime and to work towards an international instrument to combat the activities of criminal organisations. In December 2000, the United Nations opened for signature the Convention against Transnational Organized Crime (2001), also known as the Palermo Convention, a treaty that is supplemented by three protocols on trafficking in persons, smuggling of migrants, and trafficking in firearms and ammunition. The conclusion of the Convention marks the end of more than eight years of consultations on a universal instrument to criminalise and counteract transnational criminal organisations. This article illustrates the developments that led to the Convention against Transnational Organized Crime and reflects on the amendments and concessions that have been made to earlier proposals during the elaboration process. This article highlights the strengths of the Convention in the areas of judicial cooperation and mutual legal assistance, and the shortcomings of the new Convention, in particular in failing to establish a universal, unequivocal definition of “transnational organized crime”.

Southeast Asia and China: The role of history and culture in shaping future relations

Despite the position of the United States as de facto global hegemon, China is a rising power in the world. As Chinese power grows, the projection of Chinese influence will be felt most acutely in Southeast Asia. Whether to accommodate, contain or resist China will depend on future developments that none can foresee, including Chinese ambitions, the policies of other international players (the U.S., Japan), and the cohesion or fragility of the Association of Southeast Asia Nations (ASEAN). This paper argues that in deciding how best to deal with China, two factors that will influence the countries of Southeast Asia are their own long histories of bilateral relations with China and their own differing conceptions of how foreign relations should be conducted. This is to argue that history and culture are central to any understanding of the likely future shape of China-Southeast Asia relations. Only by taking history and culture into account will analysts be in a position to predict how the mainland and maritime states of Southeast Asia are likely to respond to a more powerful, confident and assertive China.

Start looking South: The refugee convention 50 years on

A review essay on books by (1) Efika Feller, Volker Turk, & Frances Nicholson (Eds), Refugee Protection in International Law: UNHCR's Global Consultations on International Protection (Cambridge, UK: Cambridge U Press, 2003); (2) Niklaus Steiner, Mark Gibney & Gil Loescher (Eds), Problems of Protection: The UNHCR, Refugees and Human Rights (New York: Routledge, 2003); & (3) Joanne Van Selm, Khotine Kamanga, John Morrison, Aninia Nadig, Sanja Spoljar-Vrzina, & Loes Van Willigen (Eds), The Refugee Convention at Fifty: A View from Forced Migration Studies (Maryland, Lexington, 2003).