Are there Emerging West African Criminal Networks? The Case of Ghana

This paper situates discussions about emerging African Criminal Networks (ACN) within Ghana specifically, and West Africa generally, and seeks to present the initial results of an empirically based study on the activities of transnational organised criminal (TOCs) groups in Ghana. The paper argues that the nature of state and statehood in Africa and its inability to establish effective regulatory mechanisms contributes to the rise of these particular types of criminal groups. It begins by conceptualising the place of Ghanaian and West African criminal groups within the framework of international crime. Furthermore, it undertakes an in-depth analysis of three types of crimes; namely computer and internet crime, drug trafficking and (artisanal) small arms manufacture and smuggling in Ghana. By applying a set of standard variables and criteria, the paper evaluates the growth of TNCs in these three issue-areas and how such activities potentially undermine public institutions like the Ghana Police Service (GPS), customs, excise and preventive services (CEPS), judiciary, banking and political parties and political institutions in Ghana. Finally, it seeks to offer an explanatory framework for the growth and acceptance by local communities of the activities of organised crime in Ghana by situating this within a cultural ethos and the social welfare roles played by those involved in such crimes.     

The Secret History of Japanese Cinema: The Yakuza movies

This article explores the interplay among economic imperatives within the entertainment business, the mafia's role in the creation of its own media image, and the production of gangster films. Taking Japan as a case study, the paper shows that, when given the chance to influence the content of gangster movies, crime bosses have portrayed themselves as benevolent patriarchs and a positive force in society, rather the anti-heroes of classic American gangster movies. In Japan, such a choice had, however, the unintended consequence of a decline in audience interest and eventually led to the demise of studio yakuza movies. Ultimately, the paper shows that the mafia control over art can lead to the death of art—something that is bad for the mafia as well.     

The ‘good’, the ‘bad’ and the ‘Charlie’: the business of cocaine smuggling in Greece

This article examines the social organisation of cocaine smuggling in Greece. Emphasis is placed on the involvement of professionals from the shipping industry and actors from the ‘upper society echelons’ who play a pivotal role in the transportation and importation of cocaine to Western Europe and Greece. After considering empirical evidence from a variety of sources, our findings indicate that the cocaine market in Greece is ‘organised’ by a system of collaborative relationships between state, business and civil society actors. It is suggested that to better understand the nature of this illegal market, further research is required to take a closer look into the economic, socio-cultural and political incentives of these actors.     

Criminal constitutions

Why do criminals use constitutions? This article argues that constitutions perform three functions in criminal organisations. First, criminal constitutions promote consensus by creating common knowledge among criminals about what the organisation expects of them and what they can expect of the organisation's other members. Second, criminal constitutions regulate behaviours that are privately beneficially to individual criminals but costly to their organisation as a whole. Third, criminal constitutions generate information about member misconduct and coordinate the enforcement of rules that prohibit such behaviour. By performing these functions, constitutions facilitate criminal cooperation and enhance criminals' profit. To examine our hypothesis we examine the constitutions of two criminal organisations: eighteenth-century Caribbean pirates and the contemporary Californian prison gang, La Nuestra Familia.     

How organised is organised cybercrime?

To some writers and commentators, fully fledged organised cybercrime is currently emerging. Law enforcement spokesmen and Internet security firms have even made comparisons between the structure of cybercriminal enterprises and organisations like La Cosa Nostra. But, in reality, conventional criminal labels applied to cybercrime are themselves often poorly understood by those who employ them. The purpose of this research note is to apply scholarly rigor to the question of whether profit-driven cybercrime can fit underneath formal definitions of organised crime and mafias. It proceeds in three sections: the first section outlines academic definitions of organised crime, mafias and cybercrime; the second section assesses whether online cybercriminal trading forums, perhaps the most visible and documented examples of cybercriminal organisation, might constitute mafias as some contend; the third section briefly discusses some other less documented examples of ‘organised’ cybercrime and assesses the broader possibility of online groups being classified as organised crime groups.     

Domestic institutions,liberalization patterns,and uneven crises in Korea and Taiwan

pragmatic and long-term approach to financial market reform, with greater sensitivity to political risks and constraints.     

The UN system's contribution to Asia-Pacific security architecture

Although it has been the major states of China, the former Soviet Union and especially the United States that have made the major contributions to shaping the security architecture of the Asia-Pacific region since 1945, the UN system has played a useful, adjunct role. This is especially the case in the post-Cold War era when its principal bodies, together with its various specialized agencies, have provided vital support in moving warring societies into a period of relative peace and stability. The UN peace-building operations in Cambodia and East Timor were some of the most demanding ever undertaken by this universal institution. But beyond these particular examples, the United Nations has been influential in the region in other, more indirect, ways. It has set standards, its charter has been a powerful source of ideas when it comes to composing parallel documents at the state or regional levels, and it has helped with the negotiation of global arms control treaties, making up to some degree for the absence of such arrangements at the regional level. The UN has also had a legitimating function, providing an arena where Asia-Pacific states can publicize their grievances, and receive approval or reprimand for their behaviour. It has played a valuable role, too, as third-party mediator. However, the UN's political structure constrains the contribution it can make to the security order since it is reliant on major state agreement before it can act. Veto power - not its actual use but simply its anticipated use - gives China, Russia and the United States a controlling function with respect to a potential UN role in the management of conflict. Beijing and Washington would work, and have worked, to exclude the United Nations from major involvement in conflicts in which they have direct security interests: the Taiwan and Korean issues being the two most obvious in this regard. Thus, the United Nations is a useful buttress but not a central pillar of the region's security architecture.     

‘Opening up’ by default: North Korea,the humanitarian community and the crisis

In April 1999, ASEAN formally admitted Cambodia thereby completing its declared goal of grouping together all ten Southeast Asian countries under its umbrella. This was the culminating event in the latest phase of ASEAN's enlargement. This process, however, had been problematic from the start. The entry of Cambodia, Laos, Myanmar and Vietnam without any clear criteria for admission has raised questions regarding the preparedness of these countries to participate in ASEAN. More importantly, it led to strains in ASEAN's relations with its dialogue partners over the legitimacy of some of the governments in power in these countries. The was further complicated by the economic upheaval caused by the financial crisis which struck Southeast Asia in 1997. The impact of these events on ASEAN has put into question the association's growing role as a leading player in Asia-Pacific affairs. More importantly, it has raised issues which are central to ASEAN's continued existence.     

海洋刑法学的提出与国际海上犯罪的立法规制

随着人类社会对海洋资源的开发与利用,涉海领域的犯罪将愈演愈烈,直接危及作为海洋大国的中国的经济健康发展,加之我国刑事立法与刑事法学的严重滞后,迫切需要加强海洋刑法学的研究;海洋刑法学的研究对象是国际海上犯罪,其重点在于"国际"、"海上"犯罪,较之一般犯罪在法律适用、行为方式、行为时空等方面存在明显区隔;对于国际条约中所涉及的国际海上犯罪在国内的适用应采取转化的操作模式,可考虑在刑法典中独立设置章节对其进行规定。     

我国刑法中牵连关系的形态及其实质分析

牵连犯作为一种罪数形态,在刑法理论中具有重要地位。刑法理论中对牵连犯的判断是以牵连关系为标准,牵连关系在理论上不仅存在两种基本形式,而且也存在多种观点分歧。事实上,牵连关系与犯罪构成要件之间联系密切。当数行为之间的牵连关系属于同一犯罪构成要件之间的牵连时,应认定为一罪,应按从一从重的处断原则处罚;反之,如果数行为属于数个不同犯罪构成要件之间的牵连,则构成数罪,应实行并罚。