Bird's-eye view and worm's-eye view : towards a defendant-based approach in transnational criminal law

Gless, Sabine. (2015) Bird's-eye view and worm's-eye view : towards a defendant-based approach in transnational criminal law. Transnational legal theory, 6 (1). pp. 117-140.

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Official URL: http://edoc.unibas.ch/dok/A6419816

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While the classic approach to transnational law provides a valuable tool for identifying the legal frameworks governing transborder occurrences, it falls short of covering all relevant aspects of transnational criminal law (TCL). This article argues that criminal law – unlike other areas of law – is fundamentally a state-oriented concept, leading to unique problems when implemented across state borders, especially for the individual facing penal power. A theoretical concept of TCL must therefore not only map extensions of state powers from high above, but also look for the individual's position in the possibly overlapping normative orders on the ground. The current predominant bird's-eye view must be modified according to the worm's-eye view. In doing so, the specific features and resulting problems of TCL will emerge. From this modified point of view, a main challenge is the establishment of a globally recognised coordination scheme, which will protect the legal position of individuals – particularly defendants – affected by states exercising their ius puniendi across borders.
Faculties and Departments:02 Faculty of Law > Departement Rechtswissenschaften > Fachbereich Strafrecht > Ordinariat Strafrecht und Strafprozessrecht (Gless)
UniBasel Contributors:Gless, Sabine
Item Type:Article
Article Subtype:Research Article
Publisher:Hart Publishing
Note:Publication type according to Uni Basel Research Database: Journal article
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Last Modified:22 Sep 2017 12:54
Deposited On:06 Nov 2015 10:21

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