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This is an analysis that aims to measure the extent of Spanish and Dutch law enforcement cooperation on issues of transnational organized crime prevention. As major transit hubs for the international narcotics market, Spain and the Netherlands are of particular interest to Europe as a whole, but also specifically Swedish policy-makers who have highlighted the narcotics trade as a key issue in domestic criminal activity. As Swedish policy-makers discuss new ways to tackle organized crime, to which international criminal mechanisms are a root cause, it is of interest to analyze the extent of international cooperative efforts that are already in place in key countries. This analysis has used the policy cycle model to construct sentence rules in accordance with the method of content analysis to provide a measurement on the extent of cooperative efforts by Spain and the Netherlands with other Eu member states and Europol. This is done by analyzing Reports by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and news-style articles posted by Europol. What has been found is that Spanish and Dutch efforts in cooperative responses are generally extensive, though the kind of participation that Spain and the Netherlands engage in differ. Spain primarily focuses on cooperation between law enforcing agencies, while the Netherlands are providers of vital intel to police operations and wide research into the issue.

[pt] O tráfico de pessoas contemporâneo é um crime que gera cifras alarmantes para todo o sistema internacional de Estados. É o segundo maior crime do mundo e movimenta entorno de 150 bilhões de dólares de lucros para criminosos. É uma prática que submete mais de 800 milhões de vítimas por ano, além de ser uma grave violação dos seus direitos humanos. A existência de políticas públicas globais e governamentais, a criação de regimes e organismos internacionais que pensam soluções para o enfrentamento do crime, aliados à incapacidade de se enfrentar o crime de forma eficaz é minimamente intrigante para quem se debruça sobre o tema. A presente dissertação, se propondo a pensar as principais razões que justificam a existência deste crime, ainda que haja políticas públicas de enfrentamento por quase um século, identifica que dentre os incontáveis desafios metodológicos, a incapacidade de se monitorar o crime em âmbito global é o que apresenta mais risco de inviabilizar a implementação das estratégias de enfrentamento em todas as suas esferas, sejam elas de: conscientização, investigação ou criminalização. A incapacidade de solucionar o problema por si só gera inquietude e desejo por mudança. Foi pensando neste aspecto que a pesquisa se propõe a conversar com os principais agentes de atuação na agenda de enfrentamento para tentar alinhar discursos e identificar dificuldades similares para, então, pensar possíveis alternativas aos desafios desdobrados. / [en] Human trafficking is a crime that creates alarming figures for the international system. It is the second largest crime in the world and moves around 150 billion dollars of profits for criminals by the year. It is a practice that subjects more than 800 million victims every year, it is also a serious human rights violation. There are global and governmental public policies that think and creates strategies to the fights against human trafficking as well as international regimes and organizations that aim the same objective. That said, the inability to face the crime in an effective way is at least unsettling to researchers and public servers. This dissertation aims the reflection about the main reasons that justifies the existence of the crime. Even though there are public policies to fight it for almost a century, it identifies that among the countless methodological challenges, the inability to monitor the crime at a global level presents greater risk of hindering the implementation of these strategies in all its spheres, whether they are: awareness, investigation or criminalization. The inability to solve the problem itself creates restlessness and a desire for a change. In this line of thought, the research proposes a dialogue with the main actors in the agenda of fight against contemporary human trafficking to try to align speeches and identify similar difficulties to think about possible alternatives to this unfolded challenge.

The focus of this thesis is on Advance Fee Fraud (419 scams) on how it is executed and more importantly, on how it can be prevented. The research addresses the origins of AFF, the nature and extent of this crime and how the perpetrators are able to defraud their victims. The research described, examined and analysed the crimes, the perpetrators, the victims, adjudication and the prevention strategies of this fraud. Information was gathered through literature and empirical research. A qualitative research method was used to gather information from AFF offenders who were incarcerated in South African prisons in 2005. The results of the empirical research were carefully examined, analyzed and integrated into the various chapters of this thesis. A theoretical framework was also developed in an attempt to explain this complex phenomenon. The findings and recommendations in terms of the crimes, the criminals, the victims, adjudication and prevention were also made and some suggestions for further research thereof were also cited. / Criminology / D. Litt. et Phil. (Criminology)

This thesis examines how the law dealt with international fugitives. It focuses on formal extradition and the cross-border abduction of wanted criminals by police officers and other state officials. Debates over extradition and abduction reflected important issues of state power and civil liberty, and were shaped by currents of thought circulating throughout the imperial, Atlantic, and common law worlds. Debates over extradition involved questioning the very basis of international law. They also raised difficult questions about civil liberties and human rights. Throughout this period escaped American slaves and other groups made claims for what we would now call refugee status, and argued that their surrender violated codes of law and ideas of justice that transcended the colonies and even the wider British Empire. Such claims sparked a decades-long debate in North America and Europe over how to codify refugee protections. Ultimately, Britain used its imperial power to force Canada to accept such safeguards. Yet even as the formal extradition system developed, an informal system of police abductions operated in the Canadian-American borderlands. This system defied formal law, but it also manifested sophisticated local ideas about community justice and transnational legal order. This thesis argues that extradition and abduction must be understood within three overlapping contexts. The first is the ethos of liberal transnationalism that permeated all levels of state officials in British North America/Canada. This view largely prioritised the erosion of domestic barriers to international cooperation over the protection of individual liberty. It was predicated in large part on the idea of a common North American civilization. The second context is Canada’s place in the British Empire. Extradition and abduction highlight both how British North America/Canada often expounded views on legal order radically different from Britain, but also that even after Confederation in 1867 the empire retained real power to shape Canadian policy. The final context is international law and international legal order. Both extradition and abduction were aspects of law on an international and transnational level. As a result, this thesis examines the processes of migration, adoption, and adaptation of international law.

This thesis examines how the law dealt with international fugitives. It focuses on formal extradition and the cross-border abduction of wanted criminals by police officers and other state officials. Debates over extradition and abduction reflected important issues of state power and civil liberty, and were shaped by currents of thought circulating throughout the imperial, Atlantic, and common law worlds. Debates over extradition involved questioning the very basis of international law. They also raised difficult questions about civil liberties and human rights. Throughout this period escaped American slaves and other groups made claims for what we would now call refugee status, and argued that their surrender violated codes of law and ideas of justice that transcended the colonies and even the wider British Empire. Such claims sparked a decades-long debate in North America and Europe over how to codify refugee protections. Ultimately, Britain used its imperial power to force Canada to accept such safeguards. Yet even as the formal extradition system developed, an informal system of police abductions operated in the Canadian-American borderlands. This system defied formal law, but it also manifested sophisticated local ideas about community justice and transnational legal order. This thesis argues that extradition and abduction must be understood within three overlapping contexts. The first is the ethos of liberal transnationalism that permeated all levels of state officials in British North America/Canada. This view largely prioritised the erosion of domestic barriers to international cooperation over the protection of individual liberty. It was predicated in large part on the idea of a common North American civilization. The second context is Canada’s place in the British Empire. Extradition and abduction highlight both how British North America/Canada often expounded views on legal order radically different from Britain, but also that even after Confederation in 1867 the empire retained real power to shape Canadian policy. The final context is international law and international legal order. Both extradition and abduction were aspects of law on an international and transnational level. As a result, this thesis examines the processes of migration, adoption, and adaptation of international law.

The focus of this thesis is on Advance Fee Fraud (419 scams) on how it is executed and more importantly, on how it can be prevented. The research addresses the origins of AFF, the nature and extent of this crime and how the perpetrators are able to defraud their victims. The research described, examined and analysed the crimes, the perpetrators, the victims, adjudication and the prevention strategies of this fraud. Information was gathered through literature and empirical research. A qualitative research method was used to gather information from AFF offenders who were incarcerated in South African prisons in 2005. The results of the empirical research were carefully examined, analyzed and integrated into the various chapters of this thesis. A theoretical framework was also developed in an attempt to explain this complex phenomenon. The findings and recommendations in terms of the crimes, the criminals, the victims, adjudication and prevention were also made and some suggestions for further research thereof were also cited. / Criminology and Security Science / D. Litt. et Phil. (Criminology)

Since the advent of the new democratic order established under the 1996 Constitution, South Africa has been plagued with many new challenges .One of the facts that our new democratic state could not ignore was the rapid increase in both national and international, organized criminal activity .The South African Legislature realizing the desire to combat serious criminal activities, introduced into South African Law, the Prevention of Organized Crime Act 121 of 1998. The Act recognizes that conventional criminal penalties are inadequate as measures of deterrence when organized crime leaders are able to retain the considerable gains derived from organized crime, even on those occasions when they are brought to justice. It strives to strip sophisticated criminals of the proceeds of their criminal conduct. The Courts, in applying this legislation, has also created a new field of law that had until the advent of the Act, not existed in South African Law, namely organized crime law. A field, distinct from the ordinary principles of criminal law. The bulk of jurisprudence created over the past decade or more, however seems to be threatened to be undone by the recent judgment concerning the constitutionality of certain provisions of the Act. The confirmation of this judgment is being considered by the Constitutional Court and the purpose of this thesis is to argue against the confirmation of this judgment / Public, Constitutional and International Law / LL. M.

傳統的國家安全威脅之應處，係以確保國家軍事、政治及外交衝突等國家安全問題為目標。隨著冷戰結束後，全球化時代來臨，國際戰略環境的變遷與威脅性質的演變，「非傳統安全」威脅已逐漸取代「傳統安全」威脅。換言之，傳統安全思維僅著重在主權國家的軍事安全層面，非傳統安全則是基於整體人類安全的考量。我國在面對非傳統安全威脅下，如何調整適應環境之變化，以確保生存及發展，已成為當前刻不容緩之要務。 非傳統安全議題相當廣泛，主要包括：經濟及金融安全、自然生態環境安全、網路資訊安全、大規模殺傷性武器擴散、疫情傳播、恐怖主義、跨境犯罪、走私販毒、非法移民、海盜、洗錢等。中國大陸對臺威脅亦包含傳統與非傳統安全威脅性質。傳統安全係以軍事戰略威脅為主，非傳統安全威脅則來源多元、形式多樣，所呈現以走私、海盜、偷渡、偽造貨幣、詐欺、洗錢等跨境犯罪最為顯著， 本論文將探討兩岸共同打擊跨境犯罪背景發展，並分析兩岸交流衍生之大陸民眾非法來臺所呈現之態樣與現況，闡明我國所面臨的非傳統安全威脅，希冀由相關資料分析比較，藉此驗證現行實務面執行運作成效，並針對實務運作所面臨之困境提出研究建議，供相關單位參考，建立一個兩岸和平安全的互動環境。 / The aim of dealing with the traditional threats to national security is to ensure the national security in the aspects of military, politics and diplomacy. After the end of the Cold War comes the era of globalization, international strategic environment changes as well as the substantial of threat evolves. As a result, “non-traditional security (NTS)” threats have gradually taken the place of “traditional security” treats. In other words, the concept of traditional security only focuses on the aspects of military security of a sovereign state, whereas the consideration of non-traditional security is based on the general human safety. While confronting with threats of non-traditional security, it’s crunch time to make adjustments and adaptation so as to ensure existence and development of Taiwan. The issues of non-traditional security are extremely wide-ranging, mainly including: economic and financial security, ecological and environmental security, information and network security, the proliferation of weapons of mass destruction (WMD), the spread of epidemics, terrorism, transnational crime, narcotics and smuggling, illegal immigration, piracy, money laundering, and so on. The threats to Taiwan from China include traditional security threats and non-traditional security threats. The main threat of the traditional threats is military hostility, while non-traditional security threats stem from various sources and come out in multitudinous forms, especially in the fields of transnational crime such as smuggling, piracy, stowaways, currency counterfeiting, fraud, money laundering, etc. This study discusses the background and context of the cross-strait joint fight against transnational crime, and analyzes the current situation and patterns of illegal immigration of the people from Mainland China resulting from the cross-trait exchanges, as well as explicates the non-traditional security threats confronted by Taiwan, whereupon, in the hope of examining the practice performance by means of comparative analysis of related materials, proposed suggestions and strategies for these predicaments are finally concluded as a reference to the competent authorities to build a peaceful and secure environment for cross-strait interactions accordingly.

L’entraide pénale se définit comme ce besoin des Etats de s’associer pour permettre la réalisation d’un objectif commun, celui de lutter plus efficacement contre le crime. A l’échelle européenne, les Etats ne vont pas se limiter à l’utilisation des mécanismes internationaux existants. Ils s’engagent dans un processus de coopération approfondi, provoquant une régionalisation de l’ensemble des normes favorisant la lutte contre la criminalité, plus spécialement la criminalité organisée. Cette évolution vers un système partenarial répond à une nécessité illustrée par le rapport déséquilibré entre la criminalité transnationale et l’ « entraide pénale classique ». Pour répondre à l’accroissement de cette criminalité et aux insuffisances des outils européens classiques, les Etats européens instaurent un socle de règles communes, protectrices des droits fondamentaux, ainsi que divers principes juridiques dont l’harmonisation et la reconnaissance mutuelle. Progressivement, la coopération pénale en Europe ne se fonde plus sur une logique d’entraide entre les Etats mais sur un objectif d’intégration pénale développé au sein de plusieurs organisations. Parmi elles, il convient de distinguer plus particulièrement le Conseil de l’Europe, la Communauté européenne devenue l’Union européenne, le Benelux et le Conseil nordique. Concomitamment, cette entraide pénale européenne apparaît désormais comme une réalité complexe due à une multiplication des espaces pénaux. L’espace pénal formé par le Conseil de l’Europe et la Cour européenne des droits de l’homme (C.E.D.H.) se distingue plus particulièrement de l’espace de liberté, de sécurité et de justice de l’Union européenne (E.L.S.J.) identifié par ses multiples agences (Europol, Eurojust, Frontex, etc.). Comment s’opèrent aujourd’hui les mouvements de coopération et d’intégration pénales entre les Etats européens ? N’est-il pas envisageable de repenser l’architecture pénale européenne ? La réponse à cette question passe par la redéfinition des espaces pénaux européens sous le concept d’ « Europe pénale » et la proposition de nécessaires modifications organisationnelles. / Judicial cooperation in criminal matters may be defined as the need for individual States to work together to achieve a common goal in fighting crime more efficiently. On a European scale, States will not stop at the use of international mechanisms. They are committed to a deeper cooperation process which leads to the regionalization of norms and thus favors the fight against crime, and more particularly organized crime. Such a move towards a system of partnership is necessary, as may be seen in the relationship between transnational crime and “traditional cooperation in criminal matters”. To meet this need, European States must introduce a set of common rules, protective of fundamental rights, along with different legal principles, such as harmonization and mutual recognition. Progressively, cooperation in criminal matters in Europe is no longer based on the logic of mutual assistance between States, but aims at several organizations developing a policy of integration. Organizations of note, amongst the many committed to this process, are the Council of Europe, the former European Community, now European Union, the Benelux countries and the Nordic Council. Moreover, European mutual assistance in criminal matters seems to take on a complex reality from now on, due to the multiplication of criminal areas. The area formed by the Council of Europe and the European Court of Human Rights (ECHR) is distinct from the European area of freedom, security and justice (AFSJ) identified by its many agencies (Europol, Eurojust, Frontex, etc.). Taken as a whole, this is a question of being interested in a process which leads to integration in criminal matters between European States. It might be useful to take this opportunity to suggest a re-definition of the European areas in criminal matters under the heading “Criminal Europe”. The necessary organizational modifications may thus be put forward.