Governing through globalised crime: futures for international criminal justice

Acknowledgements

Introduction

1. The new globalisation - modernity to risk societies

Introduction

Imagining globalisation

Globalisation dynamics

Terror triggers

War discourse and citizenship

Achieving the international through new globalisation

The hegemonic project

Neo-liberalism

New globalisation and domestic states

Globalising crime concerns

Globalisation and world systems theory

The myth of a borderless world?

Globalisation or Westernisation?

Individuals and communities

Unbundling the relationship between sovereignty, territoriality and political power

Globalised values and governance?

New globalisation?

Conclusion

2. Crime and risk - nexus between crime and globalisation

Introduction

Risk societies

Risk from risk

Prediction

The conditionality and contextualisation of risk

The risk of terror

Risk management through criminal justice

The crime/globalisation nexus

Conclusion

3. A review of global crime problems - studies of crime as global risk

Introduction

Imagining risk

Governance under challenge

Corruption - weak states or good business?

Corruption/modernisation nexus

Enterprise theory and a market model for corruption regulation

Common characteristics of organised crime

Organised crime as the banker for terrorism

Organised crime as terrorism

Representations of organised crime threat

Terrorism and the challenge to the state

Globalisation and terrorism

The local and the global - terrorism as an organised crime threat: the Australian context

Conventional representations of organised crime - lessons for the interpretation of terrorism

Social situations of organised crime /terrorism - domestic and beyond

Conclusion

4. Risk and security - studies of global crime control responses in the context of international security

Introduction

Studying risk and security

Criminal justice and terrorism

Negotiating violence

Purposeful violence? The utility of justice and terror

Contested meanings? The battle for truth and the battle over blame

Victor's justice? Victim valorisation

Victims' vengeance? The partiality of innocence

Communities of resistance? The alternative audience

Primacy of the individual? The value of life

Maintaining dichotomies? The us and them story

Conclusion

5. International criminal justice and governance

Introduction

International criminal justice?

Motivational origins

How `international' is international criminal justice? The relationship between international criminal justice and national criminal justice

How is international criminal justice manifest?

Convergence of restorative and retributive themes

Conclusion - justice on to governance

6. Governing through globalised crime

Introduction

Can globalised crime construct governance?

Can crime control determine considerations of risk and security?

How do globalised crime priorities inform the political discourse of globalisation?

How does international criminal justice relate to global governance?

Crime control and governance - the challenge for understanding international criminal justice

Conclusion

7. Tensions between globalised governance and internationalised justice

Introduction

Who governs globally?

Tensions between globalised crime and international criminal justice

Tensions over security, development and justice

Crime, justice and state reconstruction

Inadequacies of justice in global governance - communities of justice

Problematic constituencies - victim communities

Violence focus

Tensions over jurisdiction and mandate

Formal and less formal justice paradigms - all about `alternatives'?

Conclusion - tension into transformation

8. The crucial place of crime and control within the transformation of globalised cultures

Introduction

Case studying the influence of hybrid jurisdictions - China and beyond

China and the ICC

Procedural traditions for international criminal law - China's place?

Resolving the tensions between individual and collective criminal liability in international prosecutions

Alternative international criminal justice - the way forward for China?

Integrating hybrid traditions

Conclusion

9. Global governance and the future of international criminal justice transformed

Introduction

Restating the thesis

Pluralism within globalisation

The globalisation project in context

The dialectic of global hegemony

The dialectic of ICJ and global governance

The dialectic of regulatory pluralism and globalised economy

Resolving clashes

Dialectics of accountability and politicised justice

The moral dialectic - governance in the name of humanity

Transforming global governance - paths yet to be taken

Bibliography

Index