The ‘Bad Global Citizen’, ‘Naked’, in the ‘Transnational Penal Space’

in Brill Research Perspectives in Transnational Crime
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Abstract

This article explores how transnational criminal law is used as a tool to create a legal space within the state where the fugitive resides or is acting, in order in effect to re-set the border inside that jurisdiction and to make it possible, by proxy, to enforce another state’s law. It argues that transnational criminal law is used to establish a kind of fictional transnational legal space, created by changing domestic laws and practices of both the state exercising its jurisdiction and the state in which that jurisdiction is being exercised, so that restrictions on cooperative action are minimalized. It explores how that space is created and how it shapes the structure of transnational criminal law through the building of normative structures—both legal and administrative—to suppress the activities of alleged criminals in this space. But its specific focus is on how this purely functional relationship impacts on individuals caught within that space.