NCJ Number
82226
Date Published
1982
Length
19 pages
Annotation
Some of the real issues of white-collar crime may well be outside the range of national purview, and the full extent of white-collar crime (particularly in its newer manifestations) can be grasped only in an international framework.
Abstract
Among international lawyers, discussions of the emerging field of international criminal law focus on such topics as drug trafficking, smuggling, slavery, terrorism, genocide, crimes against humanity, and crimes of war, while they ignore such areas as environmental pollution on the high seas, the looting of art and architectural treasures, the depletion of natural resources, international finance manipulations, illicit arms deals, violations of trade agreements, unfair exploitation of labor (migrant, children, women), and fraudulent transnational economic deals. In some of these areas there are pronouncements of international law, either in the quasi-legislative actions of international bodies or in the judge-made law of the International Court of Justice and international arbitration tribunals, as well as in the impact of customary law as detailed by scholars. These measures taken, however, are generally only in the realm of civil and administrative law. In arguing for the incorporation of white-collar crime into the rubric of international criminal law, this does not imply the imposition of a host of penalties that have been shown to be ineffective. An openness must be shown to newer forms of enforcement and sanctions, such as compensation, injunctions, mediation, and arbitration. At any rate, the most attractive aspect of criminal law is that the enforcement becomes the concern of society as a whole, in this case, of the world community of nations. Practically, it means a major investment in the personnel, machinery, and organizational infrastructure required for enforcement. A total of 34 references and 2 notes are listed.