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Rule of Law: Lofty Ideal or Harsh Reality?

NCJ Number
196999
Journal
Journal of Financial Crime Volume: 8 Issue: 4 Dated: June 2001 Pages: 347-355
Author(s)
Winston P. Nagan
Date Published
June 2001
Length
9 pages
Annotation
This article addresses how global organized crime challenges the rule of law precept that honors a harmonious world order in which the dignity of all people is preserved.
Abstract
Arguing that the rule of law emphasizes a world order in which harmony, stability, and the dignity of all people is preserved, this article focuses on ways that global organized crime challenges the rule of law. Following an introduction to organized global crime and a brief discussion of the Convention Against Transnational Organized Crime, the author argues that organized crime threatens the world order and the idea of law itself. Arguing that global development dysfunctions tend to nurture criminal behaviors and provide opportunities for organized crime to take root, this article suggests that such harsh global realities as public health crises, apartheid, and wars set the stage for the development of criminal activities in place of international rule of law. Focusing on the Charter of the United Nations, the author suggests that explicit and extensive legal standards must be implemented so that public order and public law remains in place. In order to keep organized crime from spreading globally, the author suggests that the international system of law, based on the United Nations Charter, must be recognized and enforced. 38 References