The Global Diffusion of Law: Transnational Crime and the Case of Human Trafficking

被引:29
|
作者
Simmons, Beth A. [1 ]
Lloyd, Paulette [2 ]
Stewart, Brandon M. [3 ]
机构
[1] Univ Penn, Law Polit Sci & Business Eth, Philadelphia, PA 19104 USA
[2] US Dept State, Arlington, VA USA
[3] Princeton Univ, Sociol, Princeton, NJ 08544 USA
基金
美国国家科学基金会;
关键词
POLICY DIFFUSION; HUMAN-RIGHTS; COMPETITION; TRADE; SECURITIZATION; INSTITUTIONS; NETWORKS; RESPECT; BOTTOM; MODEL;
D O I
10.1017/S0020818318000036
中图分类号
D81 [国际关系];
学科分类号
030207 ;
摘要
In the past few decades new laws criminalizing certain transnational activities have proliferated: from money laundering, corruption, and insider trading to trafficking in weapons and drugs. Human trafficking is one example. We argue that criminalization of trafficking in persons has diffused in large part because of the way the issue has been framed: primarily as a problem of organized crime rather than predominantly an egregious human rights abuse. Framing human trafficking as an organized crime practice empowers states to confront cross-border human movements viewed as potentially threatening. We show that the diffusion of criminalization is explained by road networks that reflect potential vulnerabilities to the diversion of transnational crime. We interpret our results as evidence of the importance of context and issue framing, which in turn affects perceptions of vulnerability to neighbors' policy choices. In doing so, we unify diffusion studies of liberalization with the spread of prohibition regimes to explain the globalization of aspects of criminal law.
引用
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页码:249 / 281
页数:33
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