This book explores the emergence of an ius puniendi outside state criminal law and beyond international criminal law. The study connects with the reflections that have been made for some years in global law studies, showing how this trend also has a clear manifestation in the field of criminal law. The analysis begins by mapping out the different manifestations of this new global criminal regulation. This includes very diverse areas, ranging from judicial cooperation to the problems involved in the application of criminal sanctions in failed states, or investigations carried out on the internet. New sanctioning systems are also studied, such as the debarment regime of the World Bank or the sanctions in the hands of international sports federations. It is a question of discovering all criminal law – understood in a broad sense – that lies outside the confines of the state.
Author(s): Adán Nieto Martín
Edition: 1
Publisher: Palgrave Macmillan
Year: 2022
Language: English
Commentary: TruePDF
Pages: 116
Tags: International Organization; Sources And Subjects Of International Law; International Organizations; International Criminal Law; Criminology And Criminal Justice; General International Relations
Contents
Chapter 1: On the Way to Stateless Criminal Law
1 Introduction
2 The Forces of Change
2.1 Relational Sovereignty
2.2 Security
Bibliography
Chapter 2: The Ius Puniendi of International Organizations
1 The Criminal Policy of Transgovernmental Networks
2 International Organizations
2.1 The Increase of Regulatory Capacity
United Nations and the Security Council
Effectiveness Strategy
2.2 Supranational Sanctions
EU administrative Sanctions
UN Blacklisting
World Bank Sanctions Systems
Bibliography
Chapter 3: Private Ius Puniendi
1 Non-State Actors
1.1 Multinational Corporations
1.2 Collective Actions
1.3 NGOs
1.4 Standardization Bodies and Other Non-State Regulators
2 Global Ius Puniendi of Sports Federations and Associations
Bibliography
Chapter 4: Territories, Sovereigns, and Ius Puniendi
1 The Spatial Application of Criminal Law and Judicial Cooperation
1.1 The Iron Triangle
2 Post-Westphalian Paradigm of Judicial Cooperation
3 The Criminal Law of Territories with No Sovereign
Bibliography
Chapter 5: Legitimacy and Safeguards
1 Criminal Justice Outside of States?
2 Legitimacy of Post-State Ius Puniendi
2.1 Strengthening National Legislatures
2.2 Deliberative Democracy
2.3 The Principle of Subsidiarity
3 Global Criminal Law: Which Fundamental Rights?
4 The New Rules of Global Cooperation
4.1 The Importance of Data Protection Law
4.2 Conflicts of Jurisdiction and International Ne Bis in Idem
Bibliography
Index
