Saskia Hufnagel - Böcker

This book provides a stocktake and comparative socio-legal analysis of law enforcement cooperation strategies in four different regions of the world: the European Union (EU), North America, Greater China and Australasia. The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff. This book presents a valuable resource for academics and postgraduate students, as well as policing and criminal justice practitioners, government officials and policy makers.

This book provides a stocktake and comparative socio-legal analysis of law enforcement cooperation strategies in four different regions of the world: the European Union (EU), North America, Greater China and Australasia. The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff. This book presents a valuable resource for academics and postgraduate students, as well as policing and criminal justice practitioners, government officials and policy makers.

This book provides transnational insight into cultural property crimes and the cutting-edge work tackling issues ranging from currency crimes to innovative research methods.The volume brings together authors from a number of fields to address contemporary issues and advances in the fight against cultural property crime. It combines the perspectives of law enforcement officials, researchers, journalists, lawyers, and scholars, with specialities in the disciplines of criminology, law, archaeology, museum studies, political science, and economics, from countries all around the globe. This allows for a more comprehensive examination of issues facing these professionals and highlights similarities between the challenges encountered in different disciplines as well as in diverse locations. It seeks to disseminate the most current work in this field from a broad array of viewpoints in order to further facilitate an exchange of ideas and lay the groundwork to inspire future collaborations. Most significantly, it provides more specific suggestions for moving forward that could help assist stakeholders to connect and work directly with each other, despite international borders and discipline-related boundaries.The book will be a valuable resource for researchers, practitioners, and policymakers working in the area of cultural property crime.

This volume offers a diverse set of perspectives on transnational crime. Providing a wide-ranging overview of the legal and policy issues that arise in connection with various forms of transnational crime, the authors outline the criminal justice responses adopted across different jurisdictions. Including contributions from high profile Chinese and European academics and practitioners across a variety of disciplines and methodological backgrounds, the authors address some of the hitherto underexplored issues related to transnational crime. These range from trafficking in cultural objects derived from illicit metal-detecting and metal-detecting tourism in China to the European approaches to criminalising the denial of historical truth. The central theme of the book is that useful lessons can be drawn from each other’s experiences, and that a cross-fertilisation of domestic approaches to transnational crime is essential to effective cooperation.This book will be of use to students and academics of comparative criminal justice and anyone interested in transnational crime.

This collection presents an analysis of illicit networks and discusses implications for law enforcement and crime prevention. The contributors draw on a range of methodologies and apply them to diverse international criminological settings, from illegal fishing in the Indo-Pacific to ‘money mule’ networks in the Netherlands. Using a variety of examples, the book elucidates how and why criminals form networks of cooperation and how they can be disrupted. It is expected to be of interest to those who study criminology or criminal law, as well as law enforcement practitioners.

This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered.The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism.The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.

This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered.The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism.The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.

As the threats posed by organised crime and terrorism persist, law enforcement authorities remain under pressure to suppress the movement, or flows, of people and objects that are deemed dangerous. This collection provides a broad overview of the challenges and trends of the policing of flows. How these threats are constructed and addressed by governments and law enforcement agencies is the unifying thread of the book. The concept of flows is interpreted broadly so as to include the trafficking of illicit substances, trade in antiquities, and legal and illegal migration, including cross-border travel by members of organised crime groups or ‘foreign fighters’. The book focuses especially on the responses of governments and law enforcement agencies to the changing nature and intensity of flows. The contributors comprise a mix of lawyers, sociologists, historians and criminologists who address both formal legal and practical, on-the-ground approaches to the policing of flows. The volume invites reflection on whether the existing tool kit of governments and law enforcement agencies is adequate in this changing environment and how it could be modernised, for example, by increased reliance on technology or by reappraising the role of the private sector. As such, the book will be useful not only for academics and practitioners who work on security-related matters, but also more generally to those who are interested in what the near-term future of policing is likely to look like and how the balance between law enforcement on the one hand and human rights and civil liberties on the other can be achieved.

This collection presents an analysis of illicit networks and discusses implications for law enforcement and crime prevention. The contributors draw on a range of methodologies and apply them to diverse international criminological settings, from illegal fishing in the Indo-Pacific to ‘money mule’ networks in the Netherlands. Using a variety of examples, the book elucidates how and why criminals form networks of cooperation and how they can be disrupted. It is expected to be of interest to those who study criminology or criminal law, as well as law enforcement practitioners.

As the threats posed by organised crime and terrorism persist, law enforcement authorities remain under pressure to suppress the movement, or flows, of people and objects that are deemed dangerous. This collection provides a broad overview of the challenges and trends of the policing of flows. How these threats are constructed and addressed by governments and law enforcement agencies is the unifying thread of the book. The concept of flows is interpreted broadly so as to include the trafficking of illicit substances, trade in antiquities, and legal and illegal migration, including cross-border travel by members of organised crime groups or ‘foreign fighters’. The book focuses especially on the responses of governments and law enforcement agencies to the changing nature and intensity of flows. The contributors comprise a mix of lawyers, sociologists, historians and criminologists who address both formal legal and practical, on-the-ground approaches to the policing of flows. The volume invites reflection on whether the existing tool kit of governments and law enforcement agencies is adequate in this changing environment and how it could be modernised, for example, by increased reliance on technology or by reappraising the role of the private sector. As such, the book will be useful not only for academics and practitioners who work on security-related matters, but also more generally to those who are interested in what the near-term future of policing is likely to look like and how the balance between law enforcement on the one hand and human rights and civil liberties on the other can be achieved.

This book provides transnational insight into cultural property crimes and the cutting-edge work tackling issues ranging from currency crimes to innovative research methods.The volume brings together authors from a number of fields to address contemporary issues and advances in the fight against cultural property crime. It combines the perspectives of law enforcement officials, researchers, journalists, lawyers, and scholars, with specialities in the disciplines of criminology, law, archaeology, museum studies, political science, and economics, from countries all around the globe. This allows for a more comprehensive examination of issues facing these professionals and highlights similarities between the challenges encountered in different disciplines as well as in diverse locations. It seeks to disseminate the most current work in this field from a broad array of viewpoints in order to further facilitate an exchange of ideas and lay the groundwork to inspire future collaborations. Most significantly, it provides more specific suggestions for moving forward that could help assist stakeholders to connect and work directly with each other, despite international borders and discipline-related boundaries.The book will be a valuable resource for researchers, practitioners, and policymakers working in the area of cultural property crime.

This book explores innovative approaches to using and operating within and around both criminal law and civil law in the detection, investigation, and restitution of illicit cultural property.The volume brings together a wide range of authors who research and work in combatting cultural property crime. It explores the normative tensions and intersections between civil and criminal law and where they complement each other in the field. It focuses on innovative legal solutions to the unique challenges presented when facing a transnational form of crime that must consider varying structures of law and order, as well as a deep understanding of the heritage in question, both in past and the present cultures. The collection examines what both areas of law contribute to preventing cultural property crime from occurring, holding offenders responsible before the law, and returning objects to their rightful owners and/or places of origin. Combining the perspectives of academics and practitioners, the volume highlights voices from around the globe, using this range of experience to explore new ideas and applications of legal theory and practice to cases involving cultural property crimes.The book will be of interest to academics and practitioners in cultural property crime in the fields of criminology, law, archaeology, museum studies, political science, economics, and law enforcement.

This book explores innovative approaches to using and operating within and around both criminal law and civil law in the detection, investigation, and restitution of illicit cultural property.The volume brings together a wide range of authors who research and work in combatting cultural property crime. It explores the normative tensions and intersections between civil and criminal law and where they complement each other in the field. It focuses on innovative legal solutions to the unique challenges presented when facing a transnational form of crime that must consider varying structures of law and order, as well as a deep understanding of the heritage in question, both in past and the present cultures. The collection examines what both areas of law contribute to preventing cultural property crime from occurring, holding offenders responsible before the law, and returning objects to their rightful owners and/or places of origin. Combining the perspectives of academics and practitioners, the volume highlights voices from around the globe, using this range of experience to explore new ideas and applications of legal theory and practice to cases involving cultural property crimes.The book will be of interest to academics and practitioners in cultural property crime in the fields of criminology, law, archaeology, museum studies, political science, economics, and law enforcement.

Non-fungible tokens (NFTs) are types of crypto-assets that function on the blockchain. Anything that one can digitize has the potential of becoming an NFT. While NFTs raise similar issues as other crypto-assets, there are many use cases and characteristics that are unique and call for special attention. At a time when individual countries have started responding to various legal issues, this volume examines these matters from a comparative law perspective.The book approaches NFTs from a multidisciplinary perspective and provides in-depth information about the potential legal problems that arise from their use and transfer. The work looks at NFTs from different areas of law to determine the problems and how they can be resolved. Divided into seven parts, Part I introduces the key elements of NFTs and lays the foundation for the understanding of subsequent chapters. Part II focuses on NFTs from the perspective of contract law and discusses if/how they conflict with its traditional principles. Part III examines issues around intellectual property, trademark and patent law. Part IV reflects on how NFTs will transform business law. Part V deals with complex public law aspects. Part VI focuses on data and consumer protection problems that arise when NFTs become mainstream. Finally, Part VII focuses on how NFTs will change the dispute resolution process and the courts.The book will be an essential resource for academics, researchers and policymakers working in the areas of technology and law.

This book brings together experts from different fields and with different jurisdictional focuses to provide fresh ideas and deep insights into crypto regulation.Cryptoassets engage many different areas of law, with their own specific terminologies, uncertainties, and regulatory fragmentation. Unsurprisingly, then, crypto has faced calls for new laws, for reform of existing laws, and in some instances outright banning. Against this backdrop, this collection explores different aspects of crypto regulation, with reference to current developments, such as the Markets in Crypto-Assets Regulation, and technological innovations, including central bank digital currencies, smart contracts, and non-fungible tokens. Market, user and law-/policy-maker perspectives are examined to explore not only innovation and opportunities, but also regulatory and policy challenges. This volume will be a key resource for scholars and practitioners of law, finance, public policy, criminology and economics. It was originally published as a special issue of Law and Financial Markets Review.

This handbook showcases studies on art theft, fraud and forgeries, cultural heritage offences and related legal and ethical challenges.

This book provides new insights into police cooperation from a comparative socio-legal perspective. It presents a broad analysis of comparable police cooperation strategies in two systems: the EU and Australia. The evolution of regulatory trends and cooperation models is analysed for both systems and possible transferable strategies identified. Drawing on interviews with practitioners in the EU and Australia this book highlights a number of areas where the EU can be compared to a federal system and addresses the advantages and disadvantages of being a Union or a federation of states with a view to police cooperation practice. Particular topics addressed are the evolution of legal frameworks regulating police cooperation, informal cooperation strategies, Joint Investigation Teams, Europol and regional cooperation. These instruments foster police cooperation, but could be improved with a view to cooperation practice by learning from regulatory techniques and practitioner experiences of the respective other system.

This volume offers a diverse set of perspectives on transnational crime. Providing a wide-ranging overview of the legal and policy issues that arise in connection with various forms of transnational crime, the authors outline the criminal justice responses adopted across different jurisdictions. Including contributions from high profile Chinese and European academics and practitioners across a variety of disciplines and methodological backgrounds, the authors address some of the hitherto underexplored issues related to transnational crime. These range from trafficking in cultural objects derived from illicit metal-detecting and metal-detecting tourism in China to the European approaches to criminalising the denial of historical truth. The central theme of the book is that useful lessons can be drawn from each other’s experiences, and that a cross-fertilisation of domestic approaches to transnational crime is essential to effective cooperation.This book will be of use to students and academics of comparative criminal justice and anyone interested in transnational crime.

In the world of law enforcement art and antiquity crime has in the past usually assumed a place of low interest and priority. That situation has now slowly begun to change on both the local and international level as criminals, encouraged in part by the record sums now being paid for art treasures, are now seeking to exploit the art market more systematically by means of theft, fraud and looting. In this collection academics and practitioners from Australasia, Europe and North America combine to examine the challenges presented to the criminal justice system by these developments. Best practice methods of detecting, investigating, prosecuting and preventing such crimes are explored. This book will be of interest and use to academics and practitioners alike in the areas of law, crime and justice.

The essays selected for this volume provide a comprehensive overview of the philosophical, ethical, historical, legal and practical issues in the diverse field of emergency law. The essays focus on terrorist attacks and natural disasters and highlight the roles of a vast variety of actors, such as the military, fire services, health services, police, volunteers and many more. The volume reveals legislative trends in emergency law by combining different national, international and comparative legal perspectives on a number of different types of emergency situations. In addition, essays taken from a practitioner perspective provide insight into civilian and military emergency management on the ground and the frequently reoccurring legal challenges. By comparing different national approaches to emergency law and emergency management, this collection of essays goes beyond the narrow view of one political system and draws instructive conclusions relating to the similarities and differences between a variety of common law and civil law systems and constitutional set-ups.

This book provides new insights into police cooperation from a comparative socio-legal perspective. It presents a broad analysis of comparable police cooperation strategies in two systems: the EU and Australia. The evolution of regulatory trends and cooperation models is analysed for both systems and possible transferable strategies identified. Drawing on interviews with practitioners in the EU and Australia this book highlights a number of areas where the EU can be compared to a federal system and addresses the advantages and disadvantages of being a Union or a federation of states with a view to police cooperation practice. Particular topics addressed are the evolution of legal frameworks regulating police cooperation, informal cooperation strategies, Joint Investigation Teams, Europol and regional cooperation. These instruments foster police cooperation, but could be improved with a view to cooperation practice by learning from regulatory techniques and practitioner experiences of the respective other system.

In the world of law enforcement art and antiquity crime has in the past usually assumed a place of low interest and priority. That situation has now slowly begun to change on both the local and international level as criminals, encouraged in part by the record sums now being paid for art treasures, are now seeking to exploit the art market more systematically by means of theft, fraud and looting. In this collection academics and practitioners from Australasia, Europe and North America combine to examine the challenges presented to the criminal justice system by these developments. Best practice methods of detecting, investigating, prosecuting and preventing such crimes are explored. This book will be of interest and use to academics and practitioners alike in the areas of law, crime and justice.

The use of extra-territorial intelligence is growing among security, border, and public agencies. Internationally, rapidly evolving efforts to tackle transnational crime entail the exchange of intelligence across jurisdictions and state borders as well as the ‘linking’ of law enforcement operations. This book provides a number of different perspectives from across Europe, Australasia and Canada to examine recent cooperation experiences and the challenges faced in practice.The book brings together scholars from a range of legal and criminological fields to examine the legal imperatives and social parameters that shape international police and justice cooperation and highlights the importance of both trust and clear legal rules to ensure effective cooperation. It focuses on areas where cooperation is now mandated, but where significant issues are raised, including the international and regional methods of information and intelligence exchange and challenges to human rights protection; the coordination of international and regional exchange of evidence, such as forensic bioinformation; police cooperation in international investigations and the added value of formalising investigative strategies across jurisdictions regionally and internationally and the operation, accountability and legitimacy of organisations and institutions of ‘cooperation’ in law enforcement and specific international policing ‘missions’.

The increasing prevalence of transnational crime in a mobile and interconnected world presents serious challenges, both in terms of analysing these issues and attempting to tackle and prevent them. This Research Handbook on Transnational Crime is an interdisciplinary, up-to-date guide to this growing field, written by an international cohort of leading scholars and experts.The multifaceted nature of the problem is reflected in the structure of this innovative Research Handbook, covering all the major areas of transnational crime, including terrorism, money laundering, environmental crime, migration-related crime, human trafficking, drug trafficking, cybercrime and heritage crime. Each sector is examined through three dedicated chapters that consider in turn legal responses to a given crime, its current criminological understanding, and the practical challenges of policing and prosecution, providing a well-rounded, detailed discussion of each topic. This timely Research Handbook also includes chapters focusing on responses to transnational crime in specific regions, including the EU, the African Union, Asia, South America and ex-Soviet Union countries.This Research Handbook will be crucial reading for academics and students with an interest in criminal justice and criminology, particularly those working on international and transnational crime. Policymakers and practitioners will also find its insights into practical challenges in the field invaluable.Contributors include: M. Bergström, N.l. Bhatia, L.Y.-C. Chang, D. Chappell, M. den Boer, J. Ferwerda, R. Fortson, F. Galli, P. Gottschalk, M.l. Grewcock, A. Grymaneli, M.J. Guia, R.V. Gundur, S.A. Hardy, Y. Holiday, S. Hufnagel, J. Lindley, A. Marks, S. Mehlbaum, V. Mitsilegas, A. Moiseienko, D. Mystris, E. Papastavridis, M. Peters, K. Polk, R.D. Pucci, W.E. Purvis, K. Roach, J. Sheptycki, M.-L. Skilbrei, E. Smith, T. Spapens, J. Ulph, G. Urbas, G.M. Vagliasindi, G. van Bueren, C. Walker, R.W.Y. Wong, S.N.M. Young

The present book brings together perspectives from different disciplinary fields to examine the significant legal, moral and political issues which arise in relation to the use of lethal force in both domestic and international law. These issues have particular salience in the counter terrorism context following 9/11 (which brought with it the spectre of shooting down hijacked airplanes) and the use of force in Operation Kratos that led to the tragic shooting of Jean Charles de Menezes. Concerns about the use of excessive force, however, are not confined to the terrorist situation. The essays in this collection examine how the state sanctions the use of lethal force in varied ways: through the doctrines of public and private self-defence and the development of legislation and case law that excuses or justifies the use of lethal force in the course of executing an arrest, preventing crime or disorder or protecting private property. An important theme is how the domestic and international legal orders intersect and continually influence one another. While legal approaches to the use of lethal force share common features, the context within which force is deployed varies greatly. Key issues explored in this volume are the extent to which domestic and international law authorise pre-emptive use of force, and how necessity and reasonableness are legally constructed in this context.