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CONCEPT

OF
TRANSNATIONAL CRIMES
(Part I)

MARIA IRAIDA MENDOZA TUMANGUIL


HAVE A BIRD EYE VIEW ON THE CONCEPTS OF
A TRANSNATIONALISM AND THE CRIMES ATTENDANT TO IT

DEFINE AND CLASSIFY NATIONAL BORDERS AS PART OF


B LIMITATIONS

DETERMINE CRIMES COMMITTED BEYOND


C NATIONAL BORDERS AND LOCAL SETTINGS.
Transnational Crimes are crimes that have
Actual or potential effect across national
borders and crimes which are intra-state
but which offend fundamental values of
the international community. The term is
01
commonly used in the law enforcement
and academic communities. The word
“transnational” describes crimes that are TRANSNATIONAL
not only international (that is, crimes that
cross borders between countries) but
crimes that by their nature involve border
crossing as an essential part of the
criminal activity.
CONCEPT OF TRANSNATIONAL CRIMES

Transnationalism is focused on non-state transnational actors, out of the popularist theories of the
“state and its decision making process”. These theorists argued that political outputs resulted from
competition among different interest groups. This is a challenge to conventional realist assumptions
about the nation-state as the principal actor in the international system.
Koehone and Nye, 1972, asserted that a variety of transnational actors played significant roles in
international relation. Transnational actors engaged in a whole host of cross-border activities and
process involving the movement of money, information and people across frontiers.
Morse, 1972, the actors might be government bureaucrats or their agencies, who often establish ties
with their counterparts in other countries or they could be private actors pursuing their interest in
different countries. It was argued that the communications and actions of transnational actors greatly
affected international political outcomes. At times, transnational actors could take actions running
counter to their own countries interest.
Huntington, 1973, transnational organizations, seek to mobilize their resources and optimize their
strategies to effectively penetrate the territories in which they operate.
AN OFFENSE IS TRANSNATIONAL IN NATURE IF:
TRANSNATIONAL CRIMES
HISTORICAL TYPES OF TRANSNATIONAL CRIMES

Slavery – the submission to a dominating influence or the state of a person who is chattel of another.

Piracy – refers to robbery in the high seas and or the unauthorized use of another’s production,
invention or conception especially in infringement of a copyright.

Smuggling – the act of conveying or introducing surreptitiously or to import export secretly contrary to
law and especially without paying duties imposed by law.
• The border between two countries
or regions is the dividing line
between them. Sometimes the
border also refers to the land close
02
to this line.
• It affect travel and migration.
People can usually move freely
within their own country’s borders, NATIONAL
BORDERS
but may not be allowed to cross
into a neighboring country
National Borders

When neighboring countries have similar wealth and political systems, their borders may be open and undefended. For
example, citizens of the 27-country European Union may travel freely among any of the member states. Only five EU
members—Bulgaria, Cyprus, Ireland, Romania, and the United Kingdom—require travelers from other EU states to
present a passport or ID card at the border.
 
On the opposite extreme, the Korean Demilitarized Zone—the border between communist North Korea and democratic
South Korea—is the most heavily militarized border in the world. The zone, which is 4 kilometers (2.5 miles) wide and
243 kilometers (151 miles) long, separates the two countries with barbed-wire fences, land mines, and armed guards.
Citizens of most countries must have a passport and official permission to enter the borders of North Korea. North
Koreans must also have official permission before they leave the secretive nation.
 
Every country has its own rules about who may travel, work, and reside within its borders. Visas and work permits are
government documents issued to non-citizens that limit the type of work or travel they may do in the country, and for
how long. The United States issues “green cards”—officially known as permanent resident cards—that allow non-
Americans to live and work inside the borders of the U.S. and be protected by its laws.
National Borders

Most countries have some sort of military or law-enforcement presence along their borders. Countries protect their
borders for several reasons. One is to keep out invaders. This is especially true in areas where two or more countries
have fought over the same land for many years. Cambodia and Thailand, for example, have disputed the territory of the
Preah Vihear Temple for more than a century. Cambodian and Thai military units are positioned along the border near
Preah Vihear Temple, and skirmishes often result in deaths on both sides.

Sometimes, borders serve to keep citizens in. Most governments with these “closed borders” are not democratic. In
addition to North Korea, nations such as Myanmar and Cuba rarely allow their residents to cross their borders.

Borders can also serve to protect resources. Sometimes, the borders of U.S. congressional districts protect ethnic,
religious, or economic communities. Citizens within these borders often vote as a unit, based on shared political beliefs.
The area’s representative in the U.S. House of Representatives must be aware of the interests within his or her district’s
borders. The concerns of a representative from the urban area of St. Louis, Missouri, for instance, are less likely to be
issues affecting farmers than a representative from rural Missouri, which is dominated by agriculture. The
representative from rural Missouri would be less likely to be concerned with issues surrounding public transportation,
which is much more common in cities.
National Borders

Border issues often arise when outside powers draw borders in regions they colonize, with or without the consent of
the people who already live there. During the 1800s and 1900s, European countries colonized much of Africa. These
European colonists created the borders of most African countries. The divisions often did not reflect the existing ethnic
or political groups that lived in those regions. The so-called “Scramble for Africa” was a conflict between European
powers on African soil. European nations, led by the United Kingdom, France, and Belgium, competed to amass the
most land and resources in Africa, with little regard for natural boundaries or cultural borders.
National Borders

Border disputes can also develop as communities seek to establish their own city. This process is called incorporation.
Many rural or suburban residents resist incorporation. They prefer to be an unincorporated part of a county, instead of
affiliated with a town or city. They say it will lead to more taxes and government rules.

Other residents support incorporation and setting their own borders. They say incorporating as a town or city will allow
them more independence on issues of law enforcement, education, and land use.
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