Publication Type

Journal Article

Version

submittedVersion

Publication Date

2013

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

Keywords

market modelling, organised and transnational crime, international conventions, criminal enterprise

Discipline

Asian Studies | Business | Criminal Law | Criminology

Publication

International Criminal Law Review

Volume

13

Issue

3

First Page

697

Last Page

724

ISSN

1567-536X

Identifier

10.1163/15718123-01303005

Publisher

Brill Academic Publishers

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1163/15718123-01303005

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