Exam Prep For Confronting The Shadow State An
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Confronting the Shadow State
Author: Henri Decoeur
language: en
Publisher: Oxford University Press
Release Date: 2018-04-25
This book examines the rules and mechanisms of international law relevant to the suppression of state organized crime, and provides a normative justification for developing international legal mechanisms specifically designed to address this phenomenon. State organized crime refers to the use by senior state officials of the resources of the state to facilitate or participate in organized crime, in pursuit of policy objectives or personal profit. This concept covers diverse forms of government misconduct, including strategic partnerships with drug traffickers, the plundering of a country's resources by kleptocrats, and high-level corruption schemes. The book identifies the distinctive criminological characteristics of state organized crime, and analyses the applicability, potential, and limits of the norms and mechanisms of international law relevant to the suppression of state organized crime. In particular, it discusses whether the involvement of state organs or agents in organized crime may amount to an internationally wrongful act giving rise to the international responsibility of the state, and highlights a number of practical and normative shortcomings of the legal framework established by relevant crime-suppression conventions. The book also sketches proposals to develop an international legal framework designed to hold perpetrators of state organized crime accountable. It presents a normative justification for criminalizing and suppressing state organized crime at the international level, proposes draft provisions for an international convention for the suppression of state organized crime, and discusses the potential role of the UN Security Council and of international criminal courts and tribunals, respectively, in holding perpetrators accountable. Providing the first comprehensive analysis, from the perspective of international law, of a phenomenon so far mainly studied by criminologists, this study would appeal to researchers, social activists, and policy makers alike.
Confronting the Shadow State
In this first comprehensive analysis of state organized crime from the perspective of international law, Decoeur discusses how international law can and should be used to tackle state organized crime and argues for the development of international legal mechanisms specifically designed to address this issue.
The Quest for a Divided Welfare State
This book deals with the quest for a divided welfare state in Sweden. The prime example is the rapid rise of private health insurance, which now constitutes a parallel system characterized by state subsidies for some and not for others. This functions as a kind of reverse means-testing, whereby primarily the upper classes get state support for new types of welfare consumption. Innovatively, Lapidus explains how such a parallel system requires not only direct and statutory state support but also indirect support, for example, from infrastructure built for the public health system. He goes on to examine how semi-private welfare funding is dependent on private provision and how the so-called 'hidden welfare state' gradually erodes the visible and former universal welfare state model, in direct contrast to its own stated goals. Who benefits from privatized welfare? How are the privatization of delivery and the privatization of funding linked? How does this impact public willingness to pay tax? All of these questions and more are discussed in this accessible volume.