This chapter presents an overview of global criminology, introducing the overarching theme and concept of globalisation and drawing comparisons between crime and justice in different countries. Today, criminologists who research other parts of the world increasingly turn to international definitions of crime, and international understanding of the causes of crime and the effectiveness and legitimacy of the various forms of crime control. In doing so, criminologists in the Global North are becoming more aware that they need to diversify the discipline further to include the knowledge and viewpoints of researchers from the Global South. The emerging area of global criminology is divided into two broad areas of research interest. The first, comparative criminology, focuses on identifying and understanding convergences and divergences in crime and justice between nations and regions. The second area, transnational criminology, explores the nature of organised, state, and corporate crimes and responses to organised crimes that cross borders.
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Chapter
This chapter looks at the relationship between the World Trade Organization (WTO) and international trade in terms of international environmental law. Twenty-five years after the WTO system came into operation it appears that neither trade law nor environmental law have trumped each other. Rather, there has been a process of accommodation which is still ongoing. The chapter ends by making some conclusions on the arguments presented in this book and the issues currently being faced. The current policy of encouraging free trade cannot always be made environmentally friendly and this will always be the case. The problem becomes clear if we consider climate change. Free trade and globalisation by nature exacerbates the difficulties of regulating environmental issues. In addition, one of the key problems with sustainable development as a concept is that there has been too much emphasis on development, and not nearly enough on sustainability, then a policy of promoting free trade is part of that problem.
Chapter
This chapter provides an overview of competition law and its economic context. Section 2 describes the practices that competition laws attempt to control in order to protect the competition process. Section 3 examines the theory of competition and gives an introductory account of why the effective enforcement of competition law is thought to be beneficial. Section 4 considers the goals of competition law. Section 5 introduces two key economic concepts, market definition and market power, that are important to a better understanding of competition policy. The chapter concludes with a table of market share figures that are significant in the application of EU and UK competition law, while reminding the reader that market shares are only ever a proxy for market power and can never be determinative of market power in themselves.
Chapter
This chapter describes the new field of ‘border criminology’, which examines the growing convergence between criminal justice and immigration control. It starts with an overview of the global immigration context before outlining key ideas and areas of scholarship within border criminology. It then turns to look more closely at penal power, drawing on fieldwork and policy analysis to explore the methodological and epistemological implications for criminology of examining citizenship and migration. It ends by arguing for greater engagement with the challenges and effects of mass mobility. As the impact of a decision to arrest in any street in Britain may be felt in countries far away, it is time for criminologists to take into account more explicitly the global nature of criminal justice and reflect on its implications for how and what we study.
Chapter
Benjamin Bowling, Robert Reiner, and James Sheptycki
This chapter explores the impact of globalization on the architecture of policing, its organizational culture, priorities, and practices. Following a discussion of the context of the globalization of the economy, communications, and governance, the chapter examines the growth in the power and scope of transnational policing and its emergence as a field of study. The chapter explores the development of global policing organizations (such as Interpol and UNPOL), regional policing agencies (such as Europol), and the development of national hubs (such as the UK National Crime Agency). It explores the role of foreign police agencies acting abroad, the emergence of the overseas liaison officer as a policing specialism, and how global developments are shaping local policing. The chapter concludes with an assessment of the impact of globalization on debates about national and local police capacity, accountability, and control.
Chapter
This chapter describes the field of ‘border criminology’, which examines the growing convergence between criminal justice and immigration control. It starts with an overview of the global immigration and asylum context before outlining key ideas and areas of scholarship within border criminology. It then turns to look more closely at penal power, drawing on fieldwork and policy analysis to explore the methodological and epistemological implications for criminology of examining citizenship and migration. It ends by arguing for greater engagement with the challenges and effects of mass mobility. As the impact of a decision to arrest in any street in Britain may be felt in countries far away, it is time for criminologists to take into account more explicitly the global nature of criminal justice and reflect on its implications for how and what we study.
Book
Sir Ross Cranston, Emilios Avgouleas, Kristin van Zwieten, Christopher Hare, and Theodor van Sante
Principles of Banking Law provides an authoritative take on banking and services law, with coverage of global banking regulation, payment systems, capital markets, and trade finance. The text takes an international perspective, helping locate domestic banking law and financial law in its wider context. It takes a themed, policy-oriented approach to the subject. The text is composed of four parts. The first part looks at banks and bank regulation. Part II considers banks and customers. Part III examines payment and payment systems. The final part looks at banks and finance.
Chapter
Offers to settle are a common occurrence prior to the resolution dispute or the start of trial. There does not appear to be a limit on the number of offers that can be made, although credibility and common sense would indicate that offers to settle should be made purposefully, but not irrationally. This chapter discusses the main features of Part 36 of the Civil Procedure Rules (CPR) and its Practice Direction in relation to commercial and personal injury claims; practical suggestions on dealing with Part 36 offers; and advising the client. It considers recent cases that demonstrate how the courts apply and interpret CPR Part 36. The chapter will also discuss the relative merits of global offers, and other offers that do not have the ‘protections’ or procedures associated with Part 36 offers.
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This chapter examines the institutions of global governance responsible for formulating and implementing international environmental policy and law. It starts by defining global governance as a continuing process via which conflicting or diverse interests may be accommodated. This provides the environment where cooperative action may be taken. Global governance includes formal institutions and regimes empowered to enforce compliance, as well as informal arrangements. In this situation, there is no single model or form of global governance, nor is there a single structure or set of structures. Global governance, therefor, is a broad, dynamic, complex, process of interactive decision-making. The chapter also looks at the differences in international environmental policy and law today compared to when this book first published twenty-five years previously.
Chapter
This chapter looks, inter alia, at how international law has been used or could be used to help tackle the most significant environmental challenge of our time. This challenge is global climate change. Not many topics provide a good illustration of the importance of a globally inclusive regulatory regime focused on preventive and precautionary approaches to environmental harm—or of the problems of negotiating one on such a complex subject. Solutions to global climate change have not been easily forthcoming. The chapter looks at the efforts of the international regulatory regime to address these challenges by recourse to novel ‘market based’ mechanisms and differential treatment. An example is the post-Kyoto scheme for reducing greenhouse gas emissions through ‘nationally determined contributions’. In the end, the chapter argues, it is likely to be technology that enables us to grapple with the causes of climate change, not law, but law can drive technological change, as it has with ozone depletion and acid rain.
Chapter
This chapter gives the example of the Chernobyl reactor accident in 1986 to show that nuclear power creates risks for all states, irrespective of whether they choose this type of energy. Every state, and the global environment, is potentially affected by the possibility of radioactive contamination, the spread of toxic substances derived from nuclear energy, and the long-term health hazards consequent on exposure to radiation. Whether the nuclear power industry has now attained acceptable levels of risk to international society cannot be answered in the abstract, the chapter argues, or solely by reference to regulatory standards and technical capabilities, but must take into account public perceptions of risk, as well as the alternatives and the competing risks, such as climate change. The chapter notes that for all governments there are inevitably difficult policy choices in which there are few electoral advantages.
Chapter
Questions of criminal law and criminal justice are increasingly becoming international, overcoming the confines of traditional jurisdictional constraints. This chapter traces these developments in order to examine what relevance criminology has had and may hold for understanding contemporary global issues. It examines, among other things, the impact of global interconnectedness on the nature of state sovereignty, particularly in light of challenges such as international terrorism, irregular migration, and transnational organized crime. By doing so, the chapter does not simply chart a demise of the state, as is sometimes assumed within studies of globalization. Instead, it proposes a more subtle, analytical and imaginary disconnection between crime, penality, and the nation state. Finally, the chapter addresses the rise of international forms of justice, particularly those articulated through human rights regimes, as well as the emerging challenges to them.
Book
Sandra Marco Colino
Competition Law of the EU in the UK provides an introduction to the field of competition law and relates it to the situation of the UK within the EU. It starts by looking at competition law in the EU and UK. It considers international issues and the globalization of competition law. In addition, it looks at procedure in terms of investigation, penalties, leniency, and private enforcement. It considers article 101 TFEU. It also explains the economics of merger control, looking at both the EU and UK merger control regime and the treatment of joint ventures. Finally, it considers state aid, the relationship between competition law and intellectual property and the common law and competition.
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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
This chapter deals with legal controls to address global climate change, ozone depletion, and air quality, the complexity of which problems means that many different types of approaches are necessary across a wide range of activities. This can be a little daunting at first because many issues overlap. In each of these areas, there are laws at international, European, and national levels that need to be considered. It makes sense, however, to first consider some general issues and also the international response to various forms of air and atmospheric pollution. The range of problems affecting the atmosphere stretches across the full range of human activities, from highly toxic fumes emitted from a complicated industrial process, to such seemingly mundane activities as lighting a fire, driving a car, or using spray-on deodorant. Air pollutants come in many forms, and the main ones will be discussed in the chapter.
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This chapter examines freedom of expression in international human rights law. It discusses the freedom of the press and media; overlap with other rights (correspondence, privacy, and association); and exceptions to freedom of expression. The chapter concludes that the scope of the freedom of expression is still evolving and that international bodies are struggling with the challenges of the information technology age.
Chapter
Justine Pila and Paul L.C. Torremans
This chapter introduces the European law of copyright and related rights with an overview of its basic principles. It then considers the European (EU) statutory framework governing copyright and related rights and the policy agenda of the European Commission on which it is based, including the Commission’s digital single market initiatives. The chapter then concludes with a wider discussion of the EU’s response to the challenges posed by globalization and digital technology. The picture to emerge is one of ever-growing legislative fragmentation off-set by ever-growing substantive harmonisation as a result of thirty years of active EU law- and policy-making, including a large number of policy communications and harmonizing directives, the ratification of several international agreements, and almost daily decisions from the Court of Justice.
Chapter
Justine Pila and Paul L.C. Torremans
This chapter examines indications of geographical origin, which establishes a link between a certain geographical location and the goods originating from that location. That link allows the consumer to distinguish between identical or similar goods based on their geographical origin. The strength of the link varies between the different schemes and involves both human and natural elements. It is also important to realize that whilst similar to (collective) trade marks, indications of geographical origin are radically different as they are open standards. The chapter first looks at the position given to indications of geographical origin in the global and European IP systems. How did a historical practice develop into an exclusive right? And how is that exclusive right shaped and protected? It then focuses on the European system for the protection of indications of geographical origin.
Chapter
This chapter examines freedom of expression in international human rights law. It discusses the freedom of the press and media; overlap with other rights (correspondence, privacy, and association); and some of the permissible exceptions to freedom of expression. Freedom of expression is more complex than perhaps first appears. There are many situations in which law is engaged to ensure an appropriate balance is struck between competing claims. There are also diverse views on the appropriateness of limiting the exercise of the freedom. The chapter concludes that the scope of the freedom of expression is still evolving and that international bodies are struggling with the challenges of the information technology age.
Chapter
Paolo Campana
This chapter looks into the application of network thinking to violence and organized crime. The COVID-19 global pandemic showcased how connections matter and far-reaching consequences for the life and well-being of individuals and communities. Infectious pathogens exploit the web of social relations to increase their spread across individuals and places, which then results in the emergence of epidemics. Criminology has been slow to adopt social network analysis, but it does elucidate the mechanisms concerning violence and co-offending that involve gangs and organized crime. The chapter explains that relations and individual characteristics do not need to be treated in opposition to each other, but can be modelled and explored jointly.
Chapter
Questions of criminal law and criminal justice are increasingly becoming international, overcoming the confines of traditional jurisdictional constraints. This chapter traces these developments in order to examine what relevance criminology has had and may hold for understanding contemporary global issues. It examines, among other things, the impact of global interconnectedness on the nature of state sovereignty, particularly in light of challenges such as international terrorism, irregular migration, and transnational organized crime. By doing so, the chapter does not simply chart a demise of the state, as is sometimes assumed within studies of globalization. Instead, it proposes a more subtle, analytical, and imaginary disconnection between crime, penality, and the nation state. Finally, the chapter addresses the rise of international forms of justice, particularly those articulated through human rights regimes, as well as the emerging challenges to them.
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