Philip Jessup coined the term "transnational law" in his Storrs Lecture on Jurisprudence delivered in 1956 to describe law that regulates activities or actions that transcend national borders. The term redefined the development and practice of the law, and became a distinct field of study. In 2001, Neil Boister applied Jessup’s concept to the field of criminal law and identified the emergence of transnational criminal law in a formative article published in the European Journal of International Law. Inspired by Boister’s work, the editors of the journal Transnational Legal Theory sought contributions from leading academics and practitioners for a symposium issue on transnational criminal law. In their papers, the authors built upon and developed novel approaches to legal issues arising in an increasingly globalized world, where both crimes and the regulation of crimes transcend borders. The publication of this book marks the sixtieth anniversary of Jessup’s seminal lecture and exemplifies the significant impact that Jessup, and later Boister, have had on legal scholarship and practice in the area of criminal law. We are honoured to publish the symposium as a monograph and to contribute to this rapidly evolving field. This book was previously published as a special issue of Transnational Legal Theory.
Table of Contents
Jessica Roher, Nicola Dalla Guarda and Maryam Khalid
1. Further reflections on the concept of transnational criminal law
2. Transnational counter-terrorism law: law, power and legitimacy in the ‘wars on terror’
Cian C. Murphy
3. Rethinking the ‘international law of crime’: provocations from transnational legal studies
Prabha Kotiswaran and Nicola Palmer
4. The ‘elephant in the room’ in debates about universal jurisdiction: diasporas, duties of hospitality, and the constitution of the political
5. Bird’s-eye view and worm’s-eye view: towards a defendant-based approach in transnational criminal law
6. Global policing and transnational rule with law
Ben Bowling and James Sheptycki
7. International criminal law’s incongruity in Colombia: why core crime prosecution in national jurisdictions should be included in analyses of transnational criminal law
8. Governing the ungovernable: international relations, transnational cybercrime law, and the post-Westphalian regulatory state
Nicola Dalla Guarda
Jessica Simone Roher, graduated from Osgoode Hall Law School in 2015 after completing a master’s degree in Conflict Studies from the London School of Economics. She is currently articling at a leading civil litigation firm in Toronto.
Nicola Dalla Guarda graduated from Osgoode Hall Law School in 2014 and is currently completing a Master of Public Policy degree at the University of Toronto. He focuses his research on the influence of technology on new forms of governance.
Maryam Khalid, graduated from Osgoode Hall Law School in 2015, where she served as the Managing Editor of the journal, Transnational Legal Theory, for two years. She is now articling with the Ministry of the Attorney General in Toronto.