The Borderlands of Criminal Law II
The Borderlands of Criminal Law II conference, held in Saarbrücken, DEU, serves as a critical forum for exploring the evolving intersections of criminal law with other legal and societal domains. This event brings together legal scholars, practitioners, and policymakers to dissect the complexities arising from the expansion of criminal law into areas traditionally governed by different legal frameworks. The discussions aim to foster a deeper understanding of how these 'borderlands' challenge established legal principles and demand innovative solutions.
Committees & topics
Topics
Combating Transnational Organised Crime · International Responses to Terrorism · Cybercrime and the Governance of the Digital Underworld · International Drug Trafficking and Control · Trafficking in Cultural Property · Trafficking in Endangered Species · Modern Slavery and Human Trafficking · Combating Money Laundering and Illicit Finance
Why it matters
The increasing reach of criminal law into new territories, from economic regulation to environmental protection, presents significant challenges to legal systems globally. This phenomenon necessitates a careful examination of jurisdictional boundaries, the harmonization of diverse legal traditions, and the potential for over-criminalization. The conference provides a vital platform for addressing these issues, offering insights into how different countries are grappling with the expansion of criminal law and its implications for individual rights and state sovereignty.
Understanding these borderlands is crucial for effective international cooperation in combating complex crimes. As criminal activities increasingly transcend national borders, the need for coherent and adaptable legal frameworks becomes paramount. This event contributes to the ongoing dialogue on how to balance national legal specificities with the imperative for global coordination in areas such as cybercrime and transnational organized crime. The insights generated here can inform policy development and legal reforms aimed at creating more robust and equitable justice systems.
How to prepare
Participants preparing for this conference should focus on the theoretical and practical challenges posed by the expansion of criminal law. A thorough review of comparative criminal law approaches, particularly concerning the interaction between national and international legal norms, would be highly beneficial. Consider how different legal traditions, such as those found in DEU, approach the categorization and prosecution of offenses that blur traditional legal lines.
Familiarity with key international legal instruments and their application in national contexts will be advantageous. Delegates should also be prepared to discuss specific case studies or legislative developments from their respective jurisdictions that illustrate the complexities of criminal law's borderlands. Engaging with the concept of Gender Dynamics Across Cultures within legal frameworks can also provide a nuanced perspective on how criminal law impacts diverse populations.
Country perspectives
Where the most-relevant 3 countries stand on the core issues in play. Click through for the full country profile.
Topics & background
The background behind each topic and the actors that shape it.
Combating Transnational Organised Crime
Key players
United StatesLeading source of extraterritorial prosecutions, sanctions designations, and DEA/FBI cooperation programmes.
ItalyArchitect of the Palermo Convention and pioneer of anti-mafia investigative and asset-confiscation techniques.
MexicoFrontline state in cartel violence and a central partner in hemispheric counter-crime cooperation.
ColombiaLong-standing laboratory for organised-crime policy, from cartels to post-conflict criminal bands.
RussiaHome jurisdiction of major post-Soviet networks and a frequent point of friction over extradition and MLA.
ChinaSource, transit, and destination state for triad-linked trafficking, gambling, and precursor chemical flows.
International Responses to Terrorism
Key players
United StatesPrincipal driver of post-9/11 counter-terrorism architecture, sanctions regimes, and extraterritorial operations.
FranceLead European state on Sahel counter-terrorism and on prosecution of foreign fighter returnees.
United KingdomInfluential on listing regimes, terrorist financing, and CT legislation models exported globally.
RussiaPromotes a state-centric definition emphasising separatism; active in Syria and Central Asia.
TurkeyKey transit and frontline state, with contested definitions covering Kurdish armed groups.
NigeriaAnchor of the Lake Chad Basin response to Boko Haram and ISWAP.
Cybercrime and the Governance of the Digital Underworld
Key players
United StatesPrimary target and primary enforcer; leads sanctions, indictments, and the international ransomware task force.
RussiaInitiated the UN Convention process; widely seen as a permissive host for cybercriminal groups.
ChinaChampions cyber-sovereignty and shapes the UN treaty toward state-led data control.
United KingdomMajor financial-sector target and a key voice on Budapest Convention modernisation.
BrazilInfluential middle-power voice bridging developed and developing-state positions in UN negotiations.
EstoniaStandard-setter on cyber defence and digital evidence cooperation following the 2007 attacks.
International Drug Trafficking and Control
Key players
United StatesLargest consumer market and lead enforcer; central to fentanyl diplomacy and Andean cooperation.
MexicoDominant transit state for cocaine and primary fentanyl finishing and trafficking hub.
ColombiaWorld's largest cocaine producer, pursuing a 'total peace' approach that recasts drug policy.
AfghanistanHistorically the leading opium producer; Taliban ban is reshaping global heroin markets.
ChinaPrincipal source of fentanyl precursors and a key partner in any meaningful supply-side response.
NetherlandsCritical European entry point through the port of Rotterdam and a focal point of EU enforcement.
Trafficking in Cultural Property
Key players
ItalyOperates the Carabinieri art squad, the world's most developed cultural-property police force.
United StatesLargest art market; significant recent seizures and repatriations through HSI and Manhattan DA's office.
IraqMajor source country whose heritage was systematically looted under occupation and ISIL rule.
EgyptLeading source state pressing for restitution and tightened export controls.
FranceCentral market and museum state, increasingly committed to colonial-era restitutions.
United KingdomHost to the British Museum and a major art market grappling with provenance and return claims.
Trafficking in Endangered Species
Key players
ChinaLargest end market for many trafficked species; pivotal in any demand-reduction strategy.
VietnamMajor destination and transit hub, especially for rhino horn and pangolin products.
South AfricaSource of most of the world's rhinos and a frontline state in anti-poaching enforcement.
KenyaLeader on ivory destruction, prosecutions, and East African enforcement cooperation.
IndonesiaMegadiverse source and transit country for reptiles, birds, and marine species.
United StatesSignificant consumer market and active enforcer through the Lacey Act and ESA prosecutions.
Modern Slavery and Human Trafficking
Key players
United KingdomPioneer of modern slavery legislation through the 2015 Modern Slavery Act and supply-chain reporting.
United StatesLargest enforcer via the TIP Report, sanctions, and import bans on forced-labour goods.
ChinaSubject of major forced-labour allegations in Xinjiang and contested in trade and human-rights fora.
United Arab EmiratesKey Gulf destination state reforming the kafala system amid migrant-worker scrutiny.
NigeriaMajor source and transit country on Mediterranean trafficking routes.
CambodiaHub for forced-labour scam compounds exploiting trafficked workers from across Asia and beyond.
Combating Money Laundering and Illicit Finance
Key players
United StatesDominant enforcer via OFAC, FinCEN, and the dollar-clearing system's extraterritorial reach.
United KingdomMajor financial centre under scrutiny for shell-company abuse and London property flows.
SwitzerlandHistorically central banking jurisdiction continuing to reform secrecy and asset-recovery practices.
United Arab EmiratesFast-growing financial and trade hub repeatedly flagged for illicit-finance vulnerabilities.
SingaporeAsian financial centre balancing growth with high-profile laundering enforcement actions.
RussiaPrincipal target of post-2022 sanctions and asset-freezing efforts testing the AML regime.
Resources
News, lessons, and country profiles to prep for The Borderlands of Criminal Law II.
Lessons
Bite-sized lessons to build the basics
Courses
Guided courses that go deeper on the topic
The states in play, with the data that shapes their stance
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Related conferences
By committee
- Combating Transnational Organised Crime
- International Responses to Terrorism
- Cybercrime and the Governance of the Digital Underworld
- International Drug Trafficking and Control
- Trafficking in Cultural Property
- Trafficking in Endangered Species
- Modern Slavery and Human Trafficking
- Combating Money Laundering and Illicit Finance