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Global Prohibitions Regime: The Evolution of
Norms in International Society

Ethan Nadelmann
Introduction
                                                                         1st Problem:
                                                                           Piracy and
• norms that prohibits, both in international law and in the              privateering
  domestic criminal law of states
                                                                         2nd Problem:
                                                                             Slavery
• piracy, slavery, trafficking in slaves, counterfeiting of national
  currencies, hijacking of aircraft, trafficking in women and            3rd Problem:
  children for purposes of prostitution and trafficking in             Fugitives Beyond
  controlled psychoactive substances                                         Border
                                                                          4th Problem:
• Norms strictly restrict the conditions under which states can          International
  participate in and authorize these activities and proscribe all       Drug Trafficking
  involvement by non-state actor.                                        5th Problem:
                                                                          Prostitution
• Substance of norms and process -> institutionalized in global          6th Problem:
  prohibition regimes.                                                 Killing of Whales
                                                                        and Elephants
• Evolution of norms into global prohibition regime
                                                                       7th Problem: Fate
                                                                         and Future of
                                                                             global
                                                                           prohibition
                                                                            regimes
Introduction
                                                                    1st Problem:
                                                                      Piracy and
  What happens when a state refuse to participate in global          privateering
                     prohibition regimes?
                                                                    2nd Problem:
Those who refuse or fail to conform are labeled as deviants and
                                                                        Slavery
condemned not just by states but by most communities and
individuals as well.                                                3rd Problem:
                                                                  Fugitives Beyond
    What factors do international regimes tend to reflect?              Border
                                                                     4th Problem:
• moral and emotional factors                                       International
• religious beliefs, humanitarian sentiments, faith in             Drug Trafficking
  universalism, compassion, conscience, paternalism, fear and       5th Problem:
  prejudice are often involved in international regimes.             Prostitution
                                                                    6th Problem:
Example: Regimes stemming out from Western Europe reflect         Killing of Whales
the needs and interests of powerful states as well as the          and Elephants
influence of the Enlightenment and contemporaneous religious
and moral notions.                                                7th Problem: Fate
                                                                    and Future of
                                                                        global
                                                                      prohibition
                                                                       regimes
Introduction
                                                                          1st Problem:
               How do international regimes emerge?                         Piracy and
                                                                           privateering
• To protect the interests of the state and other powerful members
                                                                          2nd Problem:
  of the society.
                                                                              Slavery
• To deter, suppress, or punish undesirable activities                    3rd Problem:
                                                                        Fugitives Beyond
• To provide for order, security and justice among members of a               Border
  community.                                                               4th Problem:
                                                                          International
• To give force and symbolic representation to the moral values,         Drug Trafficking
  beliefs and prejudices of those who make the laws.                      5th Problem:
                                                                           Prostitution
** inadequacy of unilateral and bilateral law enforcement measures in     6th Problem:
the face of criminal activities that transcend national borders.        Killing of Whales
                                                                         and Elephants
                                                                        7th Problem: Fate
                                                                          and Future of
                                                                              global
                                                                            prohibition
                                                                             regimes
Introduction
                                                                         1st Problem:
               How do international regimes emerge?                        Piracy and
                                                                          privateering
• Certain criminal law evolve into international prohibitions regime
                                                                         2nd Problem:
  because or moral proselytism
                                                                             Slavery
• Moral proselytism: compulsion to convert others to one’s beliefs       3rd Problem:
  and to remake the world in one’s image                               Fugitives Beyond
                                                                             Border
                                                                          4th Problem:
                                                                         International
                                                                        Drug Trafficking
                                                                         5th Problem:
                                                                          Prostitution
                                                                         6th Problem:
                                                                       Killing of Whales
                                                                        and Elephants
                                                                       7th Problem: Fate
                                                                         and Future of
                                                                             global
                                                                           prohibition
                                                                            regimes
Introduction
                                                                           1st Problem:
Transnational moral entrepreneurs                                            Piracy and
                                                                            privateering
– these groups mobilize popular opinion and political support both
                                                                           2nd Problem:
within their host country and abroad
                                                                               Slavery
- stimulate and assist in the creation of like-minded organizations in     3rd Problem:
  other countries and play a significant role in elevating their         Fugitives Beyond
  objective beyond its identification with the national interests of           Border
  their government.                                                         4th Problem:
                                                                           International
- efforts are often directed to persuading foreign audiences              Drug Trafficking
                                                                           5th Problem:
                                                                            Prostitution
                                                                           6th Problem:
                                                                         Killing of Whales
                                                                          and Elephants
                                                                         7th Problem: Fate
                                                                           and Future of
                                                                               global
                                                                             prohibition
                                                                              regimes
Introduction
                                                                          1st Problem:
- States or governments do not hold moral views, rather, the capacity       Piracy and
  of moral arguments to influence government policies                      privateering
                                                                          2nd Problem:
- moral views of individuals: cosmopolitan in nature.
                                                                              Slavery
- Other regimes are concerned not with particular criminal activities     3rd Problem:
but with the mechanisms of international cooperation against crime.     Fugitives Beyond
These “procedural” regimes often prove essential to the effective             Border
functioning of “substantive” prohibition regimes as well.                  4th Problem:
                                                                          International
- “a universal international society” -> grounded in the gradual         Drug Trafficking
homogenization and globalization of norms developed among the             5th Problem:
European states                                                            Prostitution
                                                                          6th Problem:
                                                                        Killing of Whales
                                                                         and Elephants
                                                                        7th Problem: Fate
                                                                          and Future of
                                                                              global
                                                                            prohibition
                                                                             regimes
Introduction
                                                                            1st Problem:
                  STAGES OF REGIME DEVELOPMENT                                Piracy and
                                                                             privateering
1st stage: most societies regard the targeted activity as entirely
                                                                            2nd Problem:
legitimate under certain conditions and with respect to certain groups
                                                                                Slavery
of people.
                                                                            3rd Problem:
2nd stage: The activity is redefined as a problem as evil.                Fugitives Beyond
                                                                                Border
3rd stage: regime proponents begin to agitate actively for the               4th Problem:
suppression and criminalization of the activity by all states and the       International
formation of international conventions.                                    Drug Trafficking
                                                                            5th Problem:
4th stage: the activity becomes the subject of criminal laws and police      Prostitution
action throughput much of the world, and international institutions         6th Problem:
emerge to play a coordinating role.                                       Killing of Whales
                                                                           and Elephants
5th stage: An incidence of proscribed activity is greatly reduced,
persisting only on a small scale and in obscure locations.                7th Problem: Fate
                                                                            and Future of
                                                                                global
                                                                              prohibition
                                                                               regimes
Introduction
                                                                            1st Problem:
Before seventeenth century                                                    Piracy and
                                                                             privateering
Premises of the Medieval International Law (Georg Schwarzenberger)          2nd Problem:
                                                                                Slavery
a.) War was the basic state of international relations even between
independent Christian communities.                                          3rd Problem:
                                                                          Fugitives Beyond
b.)Rulers saw themselves entitled to treat foreigners at their absolute         Border
discretion                                                                   4th Problem:
                                                                            International
c.)High seas were no-man’s-land.                                           Drug Trafficking
                                                                            5th Problem:
                                                                             Prostitution
                                                                            6th Problem:
                                                                          Killing of Whales
                                                                           and Elephants
                                                                          7th Problem: Fate
                                                                            and Future of
                                                                                global
                                                                              prohibition
                                                                               regimes
Introduction
                                                               1st Problem:
Political Magnates’ View on Piracy:                              Piracy and
                                                                privateering
• Source of wealth and political power                         2nd Problem:
                                                                   Slavery
• Useful both for increasing their own possessions and for     3rd Problem:
  undermining the strength of competitors                    Fugitives Beyond
                                                                   Border
                                                                4th Problem:
                                                               International
                                                              Drug Trafficking
                                                               5th Problem:
                                                                Prostitution
                                                               6th Problem:
                                                             Killing of Whales
                                                              and Elephants
                                                             7th Problem: Fate
                                                               and Future of
                                                                   global
                                                                 prohibition
                                                                  regimes
Introduction
                                                                          1st Problem:
In the sixteenth century                                                    Piracy and
                                                                           privateering
• Rewards and incidence of piracy jump dramatically with the broad        2nd Problem:
   expansion of the maritime commerce.                                        Slavery
         Note: officially or unofficially sponsored by European
                                                                          3rd Problem:
governments.
                                                                        Fugitives Beyond
                                                                              Border
How piracy/ privateer was practiced during:
                                                                           4th Problem:
    Wartime                                                               International
     privateering is in effect                                          Drug Trafficking
        an officially sanctioned version of piracy directed toward a     5th Problem:
        state’s enemies and anyone engaged in trading with its             Prostitution
        enemies.                                                          6th Problem:
                                                                        Killing of Whales
                                                                         and Elephants
                                                                        7th Problem: Fate
                                                                          and Future of
                                                                              global
                                                                            prohibition
                                                                             regimes
Introduction
                                                                         1st Problem:
                                                                           Piracy and
How piracy/ privateer was practiced during:                               privateering
                                                                         2nd Problem:
    Peacetime                                                                Slavery
    same private shippers were granted letters of reprisal by their
                                                                         3rd Problem:
      governments
                                                                       Fugitives Beyond
      • authorizing them to recoup any losses due to piracy by
                                                                             Border
        pirating from other ships bearing the same nationality as
        the pirates                                                       4th Problem:
                                                                         International
What happens when professional privateers lost their official           Drug Trafficking
sanctions?                                                               5th Problem:
                                                                          Prostitution
EITHER sought employment by another monarch OR became                    6th Problem:
unsanctioned pirates.                                                  Killing of Whales
                                                                        and Elephants
                                                                       7th Problem: Fate
                                                                         and Future of
                                                                             global
                                                                           prohibition
                                                                            regimes
Introduction
                                                                          1st Problem:
Early seventeenth century                                                   Piracy and
                                                                           privateering
C.M. Senior                                                               2nd Problem:
           “...prospects of infidels carrying Christians into bestial         Slavery
captivity in North Africa gave efforts to eradicate piracy an urgency
                                                                          3rd Problem:
and crusading zeal which they had previously lacked...one objective
                                                                        Fugitives Beyond
on which all Christian nations were agreed was the desirability of
                                                                              Border
crushing the Turkish pirates.”
                                                                           4th Problem:
• Between, French, Spanish, Dutch, and English fleets sailed against      International
  the pirate base in North Africa.                                       Drug Trafficking
                                                                          5th Problem:
                                                                           Prostitution
                                                                          6th Problem:
                                                                        Killing of Whales
                                                                         and Elephants
                                                                        7th Problem: Fate
                                                                          and Future of
                                                                              global
                                                                            prohibition
                                                                             regimes
Introduction
                                                                        1st Problem:
End of seventeenth century                                                Piracy and
                                                                         privateering
• Change in Europe’s International Relations                            2nd Problem:
       a rapid change increase in the volume of trade and                  Slavery
          diplomacy
                                                                        3rd Problem:
• Private fiefdoms and armies were co-opted or eliminated             Fugitives Beyond
         pirates were warned to abandon their ways or risk the             Border
             wrath of increasingly powerful navies                       4th Problem:
                                                                        International
• Royal Navy                                                           Drug Trafficking
         1690s: improved England’s power to police the high seas       5th Problem:
           and its growing empire; gave particular force to the new      Prostitution
           injunction against pirating                                  6th Problem:
                                                                      Killing of Whales
                                                                       and Elephants
                                                                      7th Problem: Fate
                                                                        and Future of
                                                                            global
                                                                          prohibition
                                                                           regimes
Introduction
                                                                           1st Problem:
                                                                             Piracy and
What Britain has exercised in order to stop piracy:                         privateering
• pirates and their collaborators were hunted down                         2nd Problem:
                                                                               Slavery
• colonial administrators admonished to enforce the new antipiracy
                                                                           3rd Problem:
  laws ardently
                                                                         Fugitives Beyond
                                                                               Border
• foreign leaders warned to cease sponsoring pirate expeditions and
                                                                            4th Problem:
  to crack down on unauthorized pirates operating within and from
                                                                           International
  their territories.
                                                                          Drug Trafficking
• failed to comply often found British and other European naval            5th Problem:
  forces crowding local harbors to lend force to their demand.              Prostitution
                                                                           6th Problem:
Note: According to Senior, “Piracy is undergoing a transformation from   Killing of Whales
being a national industry to becoming an international threat.”           and Elephants
                                                                         7th Problem: Fate
                                                                           and Future of
                                                                               global
                                                                             prohibition
                                                                              regimes
Introduction
                                                                       1st Problem:
Immediate regularization on International Relation was impossible        Piracy and
then due to the following reason:                                       privateering
                                                                       2nd Problem:
• both states and privateers continued to operate against one
                                                                           Slavery
  another in the Americas and Asia
                                                                       3rd Problem:
• European powers did not apply the same standards of behavior to    Fugitives Beyond
  their dealings with most nations beyond their continent.                 Border
                                                                        4th Problem:
• non-European states and even some of the colonies regarded the       International
  European efforts as unwarranted and unwelcome infringements         Drug Trafficking
  into local struggles over power and wealth.                          5th Problem:
                                                                        Prostitution
• Privateering or government-sanctioned piracy during wartime, was     6th Problem:
  not effectively delegitimized until the nineteenth century.        Killing of Whales
                                                                      and Elephants
                                                                     7th Problem: Fate
                                                                       and Future of
                                                                           global
                                                                         prohibition
                                                                          regimes
Introduction
                                                                                1st Problem:
• Maxim: Pirata est hostice humani generis [a pirate is an enemy of               Piracy and
  the human race]                                                                privateering
         seeped from the treatises on the      international law into          2nd Problem:
            the political psyches of governments.                                   Slavery
• norm of civilized behavior during peacetime extended to one’s                 3rd Problem:
  fellow citizens and allies and, also to anyone other than an armed          Fugitives Beyond
  combatant.                                                                        Border
                                                                                 4th Problem:
•    delegitimization of government-sanctioned piracy was not sufficient        International
    to ensure the virtual elimination of piratical activities from the high    Drug Trafficking
    seas                                                                        5th Problem:
                                                                                 Prostitution
• Eventually, piracy had been all but eliminated from the high seas at          6th Problem:
  the latter part of the nineteenth century.                                  Killing of Whales
                                                                               and Elephants
                                                                              7th Problem: Fate
                                                                                and Future of
                                                                                    global
                                                                                  prohibition
                                                                                   regimes
Introduction
                                                                       1st Problem:
17th   and   18th   century                                              Piracy and
                                                                        privateering
• After the Peace of Utrecht (1713) 10 million Africans was
                                                                       2nd Problem:
  transported in America.
                                                                           Slavery
• Liverpool became the center of slave trading                         3rd Problem:
                                                                     Fugitives Beyond
19th century                                                               Border
                                                                        4th Problem:
• 1807: the banning of slave trade started                             International
                                                                      Drug Trafficking
• 1833: removal of the institution of slavery                          5th Problem:
                                                                        Prostitution
• 1840s: the Royal Navy sent warships to control slave trafficking     6th Problem:
  and the bilateral and multilateral agreements between African      Killing of Whales
  rulers and European countries regarding slave trade were also       and Elephants
  made
                                                                     7th Problem: Fate
                                                                       and Future of
                                                                           global
                                                                         prohibition
                                                                          regimes
Introduction
                                                                        1st Problem:
19th century                                                              Piracy and
                                                                         privateering
                                                                        2nd Problem:
• Paris Peace Conference (1814-1815), Congress of Vienna (1815)
                                                                            Slavery
  and Congress of Verona (1822): Britain promoted anti-slavery
  campaigns                                                             3rd Problem:
                                                                      Fugitives Beyond
• 2 diplomatic devices are introduced by Harold Nicolson                    Border
                                                                         4th Problem:
• Treaty of London (1841), Treaty of Washington (1862) and Brussels     International
  Convention (1890) promoted global criminalization of slave trade     Drug Trafficking
                                                                        5th Problem:
                                                                         Prostitution
                                                                        6th Problem:
                                                                      Killing of Whales
                                                                       and Elephants
                                                                      7th Problem: Fate
                                                                        and Future of
                                                                            global
                                                                          prohibition
                                                                           regimes
Introduction
                                                                      1st Problem:
Britain                                                                 Piracy and
                                                                       privateering
Why did Britain suppress Slavery?                                     2nd Problem:
• The idea of the natural rights of man from the religious and            Slavery
  humanitarian principles and the principles of enlightenment
                                                                      3rd Problem:
                                                                    Fugitives Beyond
• Moral entrepreneurs and Anti Slavery Society emerged which made
                                                                          Border
  British elite and government oppose slavery
                                                                       4th Problem:
• White man’s burden                                                  International
                                                                     Drug Trafficking
                                                                      5th Problem:
                                                                       Prostitution
                                                                      6th Problem:
                                                                    Killing of Whales
                                                                     and Elephants
                                                                    7th Problem: Fate
                                                                      and Future of
                                                                          global
                                                                        prohibition
                                                                         regimes
Introduction
                                                                        1st Problem:
Britain abolitionist                                                      Piracy and
                                                                         privateering
• played a part in raising Britain government internationally           2nd Problem:
                                                                            Slavery
• made an impact on foreign opinion regarding immorality of slavery
                                                                        3rd Problem:
                                                                      Fugitives Beyond
• British and Foreign anti-slavery society
                                                                            Border
• Promoted liberal principles that dominated Europe                      4th Problem:
                                                                        International
                                                                       Drug Trafficking
                                                                        5th Problem:
                                                                         Prostitution
                                                                        6th Problem:
                                                                      Killing of Whales
                                                                       and Elephants
                                                                      7th Problem: Fate
                                                                        and Future of
                                                                            global
                                                                          prohibition
                                                                           regimes
Introduction
                                                                      1st Problem:
Regimes against slavery                                                 Piracy and
                                                                       privateering
• Supported by most governments                                       2nd Problem:
                                                                          Slavery
• Criminalize international commerce
                                                                      3rd Problem:
                                                                    Fugitives Beyond
• Moral entrepreneurs played a big role
                                                                          Border
• Pronounced that the elimination of slavery will result to other      4th Problem:
  forms of labor.                                                     International
                                                                     Drug Trafficking
                                                                      5th Problem:
                                                                       Prostitution
                                                                      6th Problem:
                                                                    Killing of Whales
                                                                     and Elephants
                                                                    7th Problem: Fate
                                                                      and Future of
                                                                          global
                                                                        prohibition
                                                                         regimes
Introduction
                                                                        1st Problem:
Early 17th Century                                                        Piracy and
                                                                         privateering
• Hugo Grotius argued that governments were obliged either to           2nd Problem:
  return criminals to the “locus deficit”                                   Slavery
                                                                        3rd Problem:
• This made both the practice of extradition and the negotiation of
                                                                      Fugitives Beyond
  extradition treaties rare occurrences
                                                                            Border
•
                                                                         4th Problem:
                                                                        International
                                                                       Drug Trafficking
                                                                        5th Problem:
                                                                         Prostitution
                                                                        6th Problem:
                                                                      Killing of Whales
                                                                       and Elephants
                                                                      7th Problem: Fate
                                                                        and Future of
                                                                            global
                                                                          prohibition
                                                                           regimes
Introduction
                                                                         1st Problem:
18th Century                                                               Piracy and
                                                                          privateering
1. European governments negotiated dozens of extradition treaties        2nd Problem:
   to address problems of fugitives such as Pirates, and border              Slavery
   bandits; Military deserters.
                                                                         3rd Problem:
                                                                       Fugitives Beyond
2. Most vigorous extradition efforts were directed to those who
                                                                             Border
   conspired against sovereign, embezzled funds from the treasury,
   or committed violent acts against the officials and other well         4th Problem:
   connected members of the upper class.                                 International
                                                                        Drug Trafficking
3. Governments interest in extraditing and punishing fugitives           5th Problem:
   expanded as they represented their citizens interests and assumed      Prostitution
   broader criminal justice responsibilities.                            6th Problem:
                                                                       Killing of Whales
                                                                        and Elephants
                                                                       7th Problem: Fate
                                                                         and Future of
                                                                             global
                                                                           prohibition
                                                                            regimes
Introduction
                                                                            1st Problem:
Late 19th Century                                                             Piracy and
                                                                             privateering
• Extradition relations have expanded in number                             2nd Problem:
                                                                                Slavery
• Problems in the lack of complementarity in extradition between
                                                                            3rd Problem:
  COMMON LAW NATIONS and CIVIL LAW NATIONS
                                                                          Fugitives Beyond
                                                                                Border
• Civil law tradition of non-extradition of nationals represents the
  most conspicuous relic of nationalist resistance to international law      4th Problem:
  enforcement cooperation                                                   International
                                                                           Drug Trafficking
                                                                            5th Problem:
                                                                             Prostitution
                                                                            6th Problem:
                                                                          Killing of Whales
                                                                           and Elephants
                                                                          7th Problem: Fate
                                                                            and Future of
                                                                                global
                                                                              prohibition
                                                                               regimes
Introduction
                                                                            1st Problem:
Today                                                                         Piracy and
                                                                             privateering
• International law scholars acknowledge the Grotian Perspective            2nd Problem:
  regarding the obligation to extradite or prosecute                            Slavery
                                                                            3rd Problem:
• Governments are increasingly willing to devise the ways of
                                                                          Fugitives Beyond
  circumventing their own legal restrictions on renditions of fugitives
                                                                                Border
• Indications that both common law and civil law countries are               4th Problem:
  considering legalistic and nationalist reservations to unencumbered       International
  extradition of vicarious prosecution.                                    Drug Trafficking
                                                                            5th Problem:
                                                                             Prostitution
                                                                            6th Problem:
                                                                          Killing of Whales
                                                                           and Elephants
                                                                          7th Problem: Fate
                                                                            and Future of
                                                                                global
                                                                              prohibition
                                                                               regimes
Introduction
                                            1st Problem:
                                              Piracy and
 Samples of Psychoactive Substances:         privateering
• Alcohol
                                            2nd Problem:
• Tabacco
                                                Slavery
• Opium
• Coffee                                    3rd Problem:
• Coca                                    Fugitives Beyond
                                                Border
Different Uses of these Substances:         4th Problem:
• Medicinal                                 International
• Ritual                                   Drug Trafficking
• Recreational Purposes                     5th Problem:
                                             Prostitution
Some of the Ways of Government Control:     6th Problem:
• death penalty                           Killing of Whales
• taxation                                 and Elephants
• zoning
                                          7th Problem: Fate
                                            and Future of
                                                global
                                              prohibition
                                               regimes
Introduction
                                                                         1st Problem:
                                                                           Piracy and
                                                                          privateering
Vast majority of states count themselves as members of the global        2nd Problem:
drug prohibition regime                                                      Slavery
                                                                         3rd Problem:
• production, sale and even possession of such substances that are
                                                                       Fugitives Beyond
  outside strictly regulated medical and scientific channels are
                                                                             Border
  punished with criminal sanctions
                                                                         4th Problem:
• criminal justice agencies in most countries are deeply involved in     International
  investigating and prosecuting drug law violations                     Drug Trafficking
                                                                         5th Problem:
• the rhetoric “war on drugs” has also been globalized                    Prostitution
                                                                         6th Problem:
                                                                       Killing of Whales
                                                                        and Elephants
                                                                       7th Problem: Fate
                                                                         and Future of
                                                                             global
                                                                           prohibition
                                                                            regimes
Introduction
                                                                       1st Problem:
United Kingdom                                                           Piracy and
• British government                                                    privateering
          principal sponsor of the opium trade                        2nd Problem:
                                                                           Slavery
• Eventually, opposition regarding the trade gain force during the
                                                                       3rd Problem:
  Opium Wars
                                                                     Fugitives Beyond
        Examples of Organizations:
                                                                           Border
        British Quakers
                  leading moral entrepreneurs of the antiopium        4th Problem:
                      campaign                                         International
                                                                      Drug Trafficking
• Anglo-Oriental Society for the Suppression of the Opium Trade        5th Problem:
          played a major role during the next four decades in          Prostitution
organizing sentiment against the opium trade, proselytizing to the     6th Problem:
public, and lobbying the government.                                 Killing of Whales
                                                                      and Elephants
                                                                     7th Problem: Fate
                                                                       and Future of
                                                                           global
                                                                         prohibition
                                                                          regimes
Introduction
                                                                     1st Problem:
• Reversal on British government policy                                Piracy and
        moral impulses over political and economic interests         privateering
                                                                     2nd Problem:
Note: Britain did not extend to support for an aggressive global         Slavery
campaign against the trade                                           3rd Problem:
                                                                   Fugitives Beyond
                                                                         Border
                                                                     4th Problem:
                                                                     International
                                                                    Drug Trafficking
                                                                     5th Problem:
                                                                      Prostitution
                                                                     6th Problem:
                                                                   Killing of Whales
                                                                    and Elephants
                                                                   7th Problem: Fate
                                                                     and Future of
                                                                         global
                                                                       prohibition
                                                                        regimes
Introduction
                                                                           1st Problem:
United States                                                                Piracy and
• Americans, notably missionaries returned from the Far East, were          privateering
  the ones who initiated the campaign globally.
                                                                           2nd Problem:
                                                                               Slavery
Effects of campaign:                                                       3rd Problem:
• emergence of drug control legislation                                  Fugitives Beyond
• emergence of drug prohibition                                                Border
• Antiopium laws in the State                                              4th Problem:
           city ordinances in San Francisco (1857) and Virginia City,     International
             Nevada (1876)                                                Drug Trafficking
                                                                           5th Problem:
                                                                            Prostitution
• Even with the vigorous international efforts of American                 6th Problem:
  Prohibitionists, the effort to create an antialcohol regime failed.    Killing of Whales
                                                                          and Elephants
                                                                         7th Problem: Fate
                                                                           and Future of
                                                                               global
                                                                             prohibition
                                                                              regimes
Introduction
                                                                              1st Problem:
Note:                                                                           Piracy and
• the nature of the global drug control regime reflected the                   privateering
  predominance of the United States and Europe in establishing global
  norms concerning the selection and appropriate uses of                      2nd Problem:
  psychoactive substances.                                                        Slavery
                                                                              3rd Problem:
                                                                            Fugitives Beyond
• the global drug enforcement regime reflected the desire and                     Border
  capacity of the United States to impose its drug-related norms on the       4th Problem:
  rest of the world.                                                          International
                                                                             Drug Trafficking
                                                                              5th Problem:
• the future of the global drug control regime will certainly hinge in         Prostitution
  good part on the substitutability of those drugs which make up most
                                                                              6th Problem:
  of the illicit global drug traffic today by psychoactive substances and
                                                                            Killing of Whales
  stimuli that are available.
                                                                             and Elephants
                                                                            7th Problem: Fate
                                                                              and Future of
                                                                                  global
                                                                                prohibition
                                                                                 regimes
Introduction
                                                                      1st Problem:
Sidenote:                                                               Piracy and
                                                                       privateering
Advantage of Drug trafficking:                                        2nd Problem:
                                                                          Slavery
• unlike currency counterfeiting, no particular expertise or
                                                                      3rd Problem:
  resources are required to produce, smuggle, or sell many of the
                                                                    Fugitives Beyond
  illicit drugs.
                                                                          Border
• unlike slaves, illicit drugs are easily concealed by producers,     4th Problem:
  smugglers, dealers, and consumers.                                  International
                                                                     Drug Trafficking
• unlike piracy, slavery, and counterfeiting, drug trafficking        5th Problem:
  produces very few victims who have an interest in notifying          Prostitution
  criminal justice authorities.                                       6th Problem:
                                                                    Killing of Whales
                                                                     and Elephants
                                                                    7th Problem: Fate
                                                                      and Future of
                                                                          global
                                                                        prohibition
                                                                         regimes
Introduction
                                                                       1st Problem:
Late 19th century                                                        Piracy and
                                                                        privateering
• White slavery was first referred to entire system of licensed        2nd Problem:
  prostitution in existence throughout much of Europe and parts of         Slavery
  US
                                                                       3rd Problem:
                                                                     Fugitives Beyond
• Activist sought the abolition of licensed prostitution
                                                                           Border
• White slavery was known as the “White slave trade”                   4th Problem:
                                                                       International
                                                                      Drug Trafficking
                                                                       5th Problem:
                                                                        Prostitution
                                                                       6th Problem:
                                                                     Killing of Whales
                                                                      and Elephants
                                                                     7th Problem: Fate
                                                                       and Future of
                                                                           global
                                                                         prohibition
                                                                          regimes
Introduction
                                                                       1st Problem:
                                                                         Piracy and
• International Movement to abolish was led by transnational moral      privateering
  entrepreneurs                                                        2nd Problem:
                                                                           Slavery
• Dominant figures in Europe: Josephine Butler persuaded
                                                                       3rd Problem:
  Parliament to repeal the contagious Diseases Prevention Act
                                                                     Fugitives Beyond
                                                                           Border
• In the US: Mann-Elkins Act prohibited international traffic in
  women for purposes of prostitution                                   4th Problem:
                                                                       International
• An international conference and agreement was made to condemn       Drug Trafficking
  the practice. Unfortunately, the creation of this regime was not     5th Problem:
  followed                                                              Prostitution
                                                                       6th Problem:
                                                                     Killing of Whales
                                                                      and Elephants
                                                                     7th Problem: Fate
                                                                       and Future of
                                                                           global
                                                                         prohibition
                                                                          regimes
Introduction
                                                                       1st Problem:
                                                                         Piracy and
• Different social, economic and demographic conditions stimulated      privateering
  transnational movement of prostitutes during the 1800s               2nd Problem:
                                                                           Slavery
Today
                                                                       3rd Problem:
                                                                     Fugitives Beyond
• Small scale of international movement of women for purposes of
                                                                           Border
  prostitution
                                                                       4th Problem:
• Development of effective contraception and start of the “Sexual      International
  Revolution” reduced inhibitions to female activity                  Drug Trafficking
                                                                       5th Problem:
                                                                        Prostitution
                                                                       6th Problem:
                                                                     Killing of Whales
                                                                      and Elephants
                                                                     7th Problem: Fate
                                                                       and Future of
                                                                           global
                                                                         prohibition
                                                                          regimes
Introduction
                                                                            1st Problem:
                                                                              Piracy and
• Despite all that, prostitution is peculiarly resistant to criminal         privateering
  justice measures.                                                         2nd Problem:
                                                                                Slavery
• The existence of a nearly universal notion that a particular activity
                                                                            3rd Problem:
  is wrong has not translated into the evolution of a global regime to
                                                                          Fugitives Beyond
  prohibit it.
                                                                                Border
                                                                            4th Problem:
                                                                            International
                                                                           Drug Trafficking
                                                                            5th Problem:
                                                                             Prostitution
                                                                            6th Problem:
                                                                          Killing of Whales
                                                                           and Elephants
                                                                          7th Problem: Fate
                                                                            and Future of
                                                                                global
                                                                              prohibition
                                                                               regimes
Introduction
                                                                           1st Problem:
Whales                                                                       Piracy and
                                                                            privateering
• The resistance of the killing of whales started during the 1930s and     2nd Problem:
  1940s                                                                        Slavery
                                                                           3rd Problem:
• 52 nations supported the ban of killing of whales in 1972 United
                                                                         Fugitives Beyond
  Nations Conference.
                                                                               Border
• People against it increased in numbers, exposing it through the
  media                                                                    4th Problem:
                                                                           International
• There is an international convention that controls it but did not       Drug Trafficking
  entirely ban the killing                                                 5th Problem:
                                                                            Prostitution
• Some countries such as Japan, Iceland, Greenland, Spain and Soviet       6th Problem:
  Union still violate the international convention                       Killing of Whales
                                                                          and Elephants
                                                                         7th Problem: Fate
                                                                           and Future of
                                                                               global
                                                                             prohibition
                                                                              regimes
Introduction
                                                                         1st Problem:
Whales                                                                     Piracy and
                                                                          privateering
• There are still what they call “Pirate Whalers” of Peru, Chile and     2nd Problem:
  Taiwan.                                                                    Slavery
                                                                         3rd Problem:
• Countries like the United States, Australia and most especially
                                                                       Fugitives Beyond
  Greenpeace played a great role in managing the whalers.
                                                                             Border
                                                                         4th Problem:
                                                                         International
                                                                        Drug Trafficking
                                                                         5th Problem:
                                                                          Prostitution
                                                                         6th Problem:
                                                                       Killing of Whales
                                                                        and Elephants
                                                                       7th Problem: Fate
                                                                         and Future of
                                                                             global
                                                                           prohibition
                                                                            regimes
Introduction
                                                                        1st Problem:
Elephants                                                                 Piracy and
                                                                         privateering
• In East and central Africa the population of elephants greatly        2nd Problem:
  decreased                                                                 Slavery
                                                                        3rd Problem:
• Other government officials and some conservationist supported
                                                                      Fugitives Beyond
  the resistance in killing of elephants especially as a sport
                                                                            Border
• They succeeded in banning of selling ivory in the global trade in     4th Problem:
  1989 with the help of the US government                               International
                                                                       Drug Trafficking
                                                                        5th Problem:
                                                                         Prostitution
                                                                        6th Problem:
                                                                      Killing of Whales
                                                                       and Elephants
                                                                      7th Problem: Fate
                                                                        and Future of
                                                                            global
                                                                          prohibition
                                                                           regimes
Introduction
                                                                          1st Problem:
Elephants                                                                   Piracy and
                                                                           privateering
• People against it used different tactics like producing the movie       2nd Problem:
  entitled Bloody Ivory                                                       Slavery
                                                                          3rd Problem:
• Selling of ivory cannot be fully eliminated as long as nations will
                                                                        Fugitives Beyond
  favor the sale of ivory such as Japan which consumes 40% of
                                                                              Border
  Africa’s ivory
                                                                          4th Problem:
• Convention on International Trade in Endangered Species was able        International
  to reduce the price of ivory in mid-1989                               Drug Trafficking
                                                                          5th Problem:
                                                                           Prostitution
                                                                          6th Problem:
                                                                        Killing of Whales
                                                                         and Elephants
                                                                        7th Problem: Fate
                                                                          and Future of
                                                                              global
                                                                            prohibition
                                                                             regimes
Introduction
                                                                          1st Problem:
    I.   Activities Targeted By Future Global Prohibition Regimes           Piracy and
                                                                           privateering
A. Extraterritorial Violations of Federal Statutes                        2nd Problem:
     a. Against Tax Evasion, Money laundering, etc.                           Slavery
     b. Emergence of Multilateral Regimes
                                                                          3rd Problem:
                                                                        Fugitives Beyond
B. Unauthorized Development of Atomic, Biological, Chemical and
                                                                              Border
Other Weapons
     Anti-Hi-jacking Regime                                               4th Problem:
                                                                          International
C. Protection, Reduction and Conservation                                Drug Trafficking
     Civil Regulatory Agencies, Criminal Sanctions                        5th Problem:
                                                                           Prostitution
                                                                          6th Problem:
      II. Possibility of Legitimate Activities to Be Target of Global   Killing of Whales
                            Prohibition Regimes                          and Elephants
International Traffic in Tobacco
                                                                         7th Problem:
                                                                        Fate and Future
                                                                           of global
                                                                          prohibition
                                                                            regimes
Introduction
                                                                            1st Problem:
                                                                              Piracy and
III. Lessons and Insights Into The Evolution of Norms in Global Society      privateering
Emergence of Norms and Its Promotion                                        2nd Problem:
                                                                                Slavery
        IV. Norms That Evolve Into Global Prohibition Regimes
                                                                            3rd Problem:
A. 1st: Mirror the Criminal Law of States That Have Dominated Global
                                                                          Fugitives Beyond
   Society
                                                                                Border
B. 2nd: Target Criminal Activities
                                                                            4th Problem:
                      V. Global Prohibition Regimes                         International
A. Certain Activities Must Be Banned                                       Drug Trafficking
B. Vulnerability of An Activity to Global Suppression Efforts By States     5th Problem:
                                                                             Prostitution
                                                                            6th Problem:
                                                                          Killing of Whales
                                                                           and Elephants
                                                                           7th Problem:
                                                                          Fate and Future
                                                                             of global
                                                                            prohibition
                                                                              regimes

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Global Prohibitions Regime: The Evolution of Norms in International Society

  • 1. Global Prohibitions Regime: The Evolution of Norms in International Society Ethan Nadelmann
  • 2. Introduction 1st Problem: Piracy and • norms that prohibits, both in international law and in the privateering domestic criminal law of states 2nd Problem: Slavery • piracy, slavery, trafficking in slaves, counterfeiting of national currencies, hijacking of aircraft, trafficking in women and 3rd Problem: children for purposes of prostitution and trafficking in Fugitives Beyond controlled psychoactive substances Border 4th Problem: • Norms strictly restrict the conditions under which states can International participate in and authorize these activities and proscribe all Drug Trafficking involvement by non-state actor. 5th Problem: Prostitution • Substance of norms and process -> institutionalized in global 6th Problem: prohibition regimes. Killing of Whales and Elephants • Evolution of norms into global prohibition regime 7th Problem: Fate and Future of global prohibition regimes
  • 3. Introduction 1st Problem: Piracy and What happens when a state refuse to participate in global privateering prohibition regimes? 2nd Problem: Those who refuse or fail to conform are labeled as deviants and Slavery condemned not just by states but by most communities and individuals as well. 3rd Problem: Fugitives Beyond What factors do international regimes tend to reflect? Border 4th Problem: • moral and emotional factors International • religious beliefs, humanitarian sentiments, faith in Drug Trafficking universalism, compassion, conscience, paternalism, fear and 5th Problem: prejudice are often involved in international regimes. Prostitution 6th Problem: Example: Regimes stemming out from Western Europe reflect Killing of Whales the needs and interests of powerful states as well as the and Elephants influence of the Enlightenment and contemporaneous religious and moral notions. 7th Problem: Fate and Future of global prohibition regimes
  • 4. Introduction 1st Problem: How do international regimes emerge? Piracy and privateering • To protect the interests of the state and other powerful members 2nd Problem: of the society. Slavery • To deter, suppress, or punish undesirable activities 3rd Problem: Fugitives Beyond • To provide for order, security and justice among members of a Border community. 4th Problem: International • To give force and symbolic representation to the moral values, Drug Trafficking beliefs and prejudices of those who make the laws. 5th Problem: Prostitution ** inadequacy of unilateral and bilateral law enforcement measures in 6th Problem: the face of criminal activities that transcend national borders. Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 5. Introduction 1st Problem: How do international regimes emerge? Piracy and privateering • Certain criminal law evolve into international prohibitions regime 2nd Problem: because or moral proselytism Slavery • Moral proselytism: compulsion to convert others to one’s beliefs 3rd Problem: and to remake the world in one’s image Fugitives Beyond Border 4th Problem: International Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 6. Introduction 1st Problem: Transnational moral entrepreneurs Piracy and privateering – these groups mobilize popular opinion and political support both 2nd Problem: within their host country and abroad Slavery - stimulate and assist in the creation of like-minded organizations in 3rd Problem: other countries and play a significant role in elevating their Fugitives Beyond objective beyond its identification with the national interests of Border their government. 4th Problem: International - efforts are often directed to persuading foreign audiences Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 7. Introduction 1st Problem: - States or governments do not hold moral views, rather, the capacity Piracy and of moral arguments to influence government policies privateering 2nd Problem: - moral views of individuals: cosmopolitan in nature. Slavery - Other regimes are concerned not with particular criminal activities 3rd Problem: but with the mechanisms of international cooperation against crime. Fugitives Beyond These “procedural” regimes often prove essential to the effective Border functioning of “substantive” prohibition regimes as well. 4th Problem: International - “a universal international society” -> grounded in the gradual Drug Trafficking homogenization and globalization of norms developed among the 5th Problem: European states Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 8. Introduction 1st Problem: STAGES OF REGIME DEVELOPMENT Piracy and privateering 1st stage: most societies regard the targeted activity as entirely 2nd Problem: legitimate under certain conditions and with respect to certain groups Slavery of people. 3rd Problem: 2nd stage: The activity is redefined as a problem as evil. Fugitives Beyond Border 3rd stage: regime proponents begin to agitate actively for the 4th Problem: suppression and criminalization of the activity by all states and the International formation of international conventions. Drug Trafficking 5th Problem: 4th stage: the activity becomes the subject of criminal laws and police Prostitution action throughput much of the world, and international institutions 6th Problem: emerge to play a coordinating role. Killing of Whales and Elephants 5th stage: An incidence of proscribed activity is greatly reduced, persisting only on a small scale and in obscure locations. 7th Problem: Fate and Future of global prohibition regimes
  • 9. Introduction 1st Problem: Before seventeenth century Piracy and privateering Premises of the Medieval International Law (Georg Schwarzenberger) 2nd Problem: Slavery a.) War was the basic state of international relations even between independent Christian communities. 3rd Problem: Fugitives Beyond b.)Rulers saw themselves entitled to treat foreigners at their absolute Border discretion 4th Problem: International c.)High seas were no-man’s-land. Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 10. Introduction 1st Problem: Political Magnates’ View on Piracy: Piracy and privateering • Source of wealth and political power 2nd Problem: Slavery • Useful both for increasing their own possessions and for 3rd Problem: undermining the strength of competitors Fugitives Beyond Border 4th Problem: International Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 11. Introduction 1st Problem: In the sixteenth century Piracy and privateering • Rewards and incidence of piracy jump dramatically with the broad 2nd Problem: expansion of the maritime commerce. Slavery Note: officially or unofficially sponsored by European 3rd Problem: governments. Fugitives Beyond Border How piracy/ privateer was practiced during: 4th Problem: Wartime International privateering is in effect Drug Trafficking an officially sanctioned version of piracy directed toward a 5th Problem: state’s enemies and anyone engaged in trading with its Prostitution enemies. 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 12. Introduction 1st Problem: Piracy and How piracy/ privateer was practiced during: privateering 2nd Problem: Peacetime Slavery same private shippers were granted letters of reprisal by their 3rd Problem: governments Fugitives Beyond • authorizing them to recoup any losses due to piracy by Border pirating from other ships bearing the same nationality as the pirates 4th Problem: International What happens when professional privateers lost their official Drug Trafficking sanctions? 5th Problem: Prostitution EITHER sought employment by another monarch OR became 6th Problem: unsanctioned pirates. Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 13. Introduction 1st Problem: Early seventeenth century Piracy and privateering C.M. Senior 2nd Problem: “...prospects of infidels carrying Christians into bestial Slavery captivity in North Africa gave efforts to eradicate piracy an urgency 3rd Problem: and crusading zeal which they had previously lacked...one objective Fugitives Beyond on which all Christian nations were agreed was the desirability of Border crushing the Turkish pirates.” 4th Problem: • Between, French, Spanish, Dutch, and English fleets sailed against International the pirate base in North Africa. Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 14. Introduction 1st Problem: End of seventeenth century Piracy and privateering • Change in Europe’s International Relations 2nd Problem: a rapid change increase in the volume of trade and Slavery diplomacy 3rd Problem: • Private fiefdoms and armies were co-opted or eliminated Fugitives Beyond pirates were warned to abandon their ways or risk the Border wrath of increasingly powerful navies 4th Problem: International • Royal Navy Drug Trafficking 1690s: improved England’s power to police the high seas 5th Problem: and its growing empire; gave particular force to the new Prostitution injunction against pirating 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 15. Introduction 1st Problem: Piracy and What Britain has exercised in order to stop piracy: privateering • pirates and their collaborators were hunted down 2nd Problem: Slavery • colonial administrators admonished to enforce the new antipiracy 3rd Problem: laws ardently Fugitives Beyond Border • foreign leaders warned to cease sponsoring pirate expeditions and 4th Problem: to crack down on unauthorized pirates operating within and from International their territories. Drug Trafficking • failed to comply often found British and other European naval 5th Problem: forces crowding local harbors to lend force to their demand. Prostitution 6th Problem: Note: According to Senior, “Piracy is undergoing a transformation from Killing of Whales being a national industry to becoming an international threat.” and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 16. Introduction 1st Problem: Immediate regularization on International Relation was impossible Piracy and then due to the following reason: privateering 2nd Problem: • both states and privateers continued to operate against one Slavery another in the Americas and Asia 3rd Problem: • European powers did not apply the same standards of behavior to Fugitives Beyond their dealings with most nations beyond their continent. Border 4th Problem: • non-European states and even some of the colonies regarded the International European efforts as unwarranted and unwelcome infringements Drug Trafficking into local struggles over power and wealth. 5th Problem: Prostitution • Privateering or government-sanctioned piracy during wartime, was 6th Problem: not effectively delegitimized until the nineteenth century. Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 17. Introduction 1st Problem: • Maxim: Pirata est hostice humani generis [a pirate is an enemy of Piracy and the human race] privateering  seeped from the treatises on the international law into 2nd Problem: the political psyches of governments. Slavery • norm of civilized behavior during peacetime extended to one’s 3rd Problem: fellow citizens and allies and, also to anyone other than an armed Fugitives Beyond combatant. Border 4th Problem: • delegitimization of government-sanctioned piracy was not sufficient International to ensure the virtual elimination of piratical activities from the high Drug Trafficking seas 5th Problem: Prostitution • Eventually, piracy had been all but eliminated from the high seas at 6th Problem: the latter part of the nineteenth century. Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 18. Introduction 1st Problem: 17th and 18th century Piracy and privateering • After the Peace of Utrecht (1713) 10 million Africans was 2nd Problem: transported in America. Slavery • Liverpool became the center of slave trading 3rd Problem: Fugitives Beyond 19th century Border 4th Problem: • 1807: the banning of slave trade started International Drug Trafficking • 1833: removal of the institution of slavery 5th Problem: Prostitution • 1840s: the Royal Navy sent warships to control slave trafficking 6th Problem: and the bilateral and multilateral agreements between African Killing of Whales rulers and European countries regarding slave trade were also and Elephants made 7th Problem: Fate and Future of global prohibition regimes
  • 19. Introduction 1st Problem: 19th century Piracy and privateering 2nd Problem: • Paris Peace Conference (1814-1815), Congress of Vienna (1815) Slavery and Congress of Verona (1822): Britain promoted anti-slavery campaigns 3rd Problem: Fugitives Beyond • 2 diplomatic devices are introduced by Harold Nicolson Border 4th Problem: • Treaty of London (1841), Treaty of Washington (1862) and Brussels International Convention (1890) promoted global criminalization of slave trade Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 20. Introduction 1st Problem: Britain Piracy and privateering Why did Britain suppress Slavery? 2nd Problem: • The idea of the natural rights of man from the religious and Slavery humanitarian principles and the principles of enlightenment 3rd Problem: Fugitives Beyond • Moral entrepreneurs and Anti Slavery Society emerged which made Border British elite and government oppose slavery 4th Problem: • White man’s burden International Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 21. Introduction 1st Problem: Britain abolitionist Piracy and privateering • played a part in raising Britain government internationally 2nd Problem: Slavery • made an impact on foreign opinion regarding immorality of slavery 3rd Problem: Fugitives Beyond • British and Foreign anti-slavery society Border • Promoted liberal principles that dominated Europe 4th Problem: International Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 22. Introduction 1st Problem: Regimes against slavery Piracy and privateering • Supported by most governments 2nd Problem: Slavery • Criminalize international commerce 3rd Problem: Fugitives Beyond • Moral entrepreneurs played a big role Border • Pronounced that the elimination of slavery will result to other 4th Problem: forms of labor. International Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 23. Introduction 1st Problem: Early 17th Century Piracy and privateering • Hugo Grotius argued that governments were obliged either to 2nd Problem: return criminals to the “locus deficit” Slavery 3rd Problem: • This made both the practice of extradition and the negotiation of Fugitives Beyond extradition treaties rare occurrences Border • 4th Problem: International Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 24. Introduction 1st Problem: 18th Century Piracy and privateering 1. European governments negotiated dozens of extradition treaties 2nd Problem: to address problems of fugitives such as Pirates, and border Slavery bandits; Military deserters. 3rd Problem: Fugitives Beyond 2. Most vigorous extradition efforts were directed to those who Border conspired against sovereign, embezzled funds from the treasury, or committed violent acts against the officials and other well 4th Problem: connected members of the upper class. International Drug Trafficking 3. Governments interest in extraditing and punishing fugitives 5th Problem: expanded as they represented their citizens interests and assumed Prostitution broader criminal justice responsibilities. 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 25. Introduction 1st Problem: Late 19th Century Piracy and privateering • Extradition relations have expanded in number 2nd Problem: Slavery • Problems in the lack of complementarity in extradition between 3rd Problem: COMMON LAW NATIONS and CIVIL LAW NATIONS Fugitives Beyond Border • Civil law tradition of non-extradition of nationals represents the most conspicuous relic of nationalist resistance to international law 4th Problem: enforcement cooperation International Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 26. Introduction 1st Problem: Today Piracy and privateering • International law scholars acknowledge the Grotian Perspective 2nd Problem: regarding the obligation to extradite or prosecute Slavery 3rd Problem: • Governments are increasingly willing to devise the ways of Fugitives Beyond circumventing their own legal restrictions on renditions of fugitives Border • Indications that both common law and civil law countries are 4th Problem: considering legalistic and nationalist reservations to unencumbered International extradition of vicarious prosecution. Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 27. Introduction 1st Problem: Piracy and Samples of Psychoactive Substances: privateering • Alcohol 2nd Problem: • Tabacco Slavery • Opium • Coffee 3rd Problem: • Coca Fugitives Beyond Border Different Uses of these Substances: 4th Problem: • Medicinal International • Ritual Drug Trafficking • Recreational Purposes 5th Problem: Prostitution Some of the Ways of Government Control: 6th Problem: • death penalty Killing of Whales • taxation and Elephants • zoning 7th Problem: Fate and Future of global prohibition regimes
  • 28. Introduction 1st Problem: Piracy and privateering Vast majority of states count themselves as members of the global 2nd Problem: drug prohibition regime Slavery 3rd Problem: • production, sale and even possession of such substances that are Fugitives Beyond outside strictly regulated medical and scientific channels are Border punished with criminal sanctions 4th Problem: • criminal justice agencies in most countries are deeply involved in International investigating and prosecuting drug law violations Drug Trafficking 5th Problem: • the rhetoric “war on drugs” has also been globalized Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 29. Introduction 1st Problem: United Kingdom Piracy and • British government privateering principal sponsor of the opium trade 2nd Problem: Slavery • Eventually, opposition regarding the trade gain force during the 3rd Problem: Opium Wars Fugitives Beyond Examples of Organizations: Border British Quakers leading moral entrepreneurs of the antiopium 4th Problem: campaign International Drug Trafficking • Anglo-Oriental Society for the Suppression of the Opium Trade 5th Problem: played a major role during the next four decades in Prostitution organizing sentiment against the opium trade, proselytizing to the 6th Problem: public, and lobbying the government. Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 30. Introduction 1st Problem: • Reversal on British government policy Piracy and moral impulses over political and economic interests privateering 2nd Problem: Note: Britain did not extend to support for an aggressive global Slavery campaign against the trade 3rd Problem: Fugitives Beyond Border 4th Problem: International Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 31. Introduction 1st Problem: United States Piracy and • Americans, notably missionaries returned from the Far East, were privateering the ones who initiated the campaign globally. 2nd Problem: Slavery Effects of campaign: 3rd Problem: • emergence of drug control legislation Fugitives Beyond • emergence of drug prohibition Border • Antiopium laws in the State 4th Problem: city ordinances in San Francisco (1857) and Virginia City, International Nevada (1876) Drug Trafficking 5th Problem: Prostitution • Even with the vigorous international efforts of American 6th Problem: Prohibitionists, the effort to create an antialcohol regime failed. Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 32. Introduction 1st Problem: Note: Piracy and • the nature of the global drug control regime reflected the privateering predominance of the United States and Europe in establishing global norms concerning the selection and appropriate uses of 2nd Problem: psychoactive substances. Slavery 3rd Problem: Fugitives Beyond • the global drug enforcement regime reflected the desire and Border capacity of the United States to impose its drug-related norms on the 4th Problem: rest of the world. International Drug Trafficking 5th Problem: • the future of the global drug control regime will certainly hinge in Prostitution good part on the substitutability of those drugs which make up most 6th Problem: of the illicit global drug traffic today by psychoactive substances and Killing of Whales stimuli that are available. and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 33. Introduction 1st Problem: Sidenote: Piracy and privateering Advantage of Drug trafficking: 2nd Problem: Slavery • unlike currency counterfeiting, no particular expertise or 3rd Problem: resources are required to produce, smuggle, or sell many of the Fugitives Beyond illicit drugs. Border • unlike slaves, illicit drugs are easily concealed by producers, 4th Problem: smugglers, dealers, and consumers. International Drug Trafficking • unlike piracy, slavery, and counterfeiting, drug trafficking 5th Problem: produces very few victims who have an interest in notifying Prostitution criminal justice authorities. 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 34. Introduction 1st Problem: Late 19th century Piracy and privateering • White slavery was first referred to entire system of licensed 2nd Problem: prostitution in existence throughout much of Europe and parts of Slavery US 3rd Problem: Fugitives Beyond • Activist sought the abolition of licensed prostitution Border • White slavery was known as the “White slave trade” 4th Problem: International Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 35. Introduction 1st Problem: Piracy and • International Movement to abolish was led by transnational moral privateering entrepreneurs 2nd Problem: Slavery • Dominant figures in Europe: Josephine Butler persuaded 3rd Problem: Parliament to repeal the contagious Diseases Prevention Act Fugitives Beyond Border • In the US: Mann-Elkins Act prohibited international traffic in women for purposes of prostitution 4th Problem: International • An international conference and agreement was made to condemn Drug Trafficking the practice. Unfortunately, the creation of this regime was not 5th Problem: followed Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 36. Introduction 1st Problem: Piracy and • Different social, economic and demographic conditions stimulated privateering transnational movement of prostitutes during the 1800s 2nd Problem: Slavery Today 3rd Problem: Fugitives Beyond • Small scale of international movement of women for purposes of Border prostitution 4th Problem: • Development of effective contraception and start of the “Sexual International Revolution” reduced inhibitions to female activity Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 37. Introduction 1st Problem: Piracy and • Despite all that, prostitution is peculiarly resistant to criminal privateering justice measures. 2nd Problem: Slavery • The existence of a nearly universal notion that a particular activity 3rd Problem: is wrong has not translated into the evolution of a global regime to Fugitives Beyond prohibit it. Border 4th Problem: International Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 38. Introduction 1st Problem: Whales Piracy and privateering • The resistance of the killing of whales started during the 1930s and 2nd Problem: 1940s Slavery 3rd Problem: • 52 nations supported the ban of killing of whales in 1972 United Fugitives Beyond Nations Conference. Border • People against it increased in numbers, exposing it through the media 4th Problem: International • There is an international convention that controls it but did not Drug Trafficking entirely ban the killing 5th Problem: Prostitution • Some countries such as Japan, Iceland, Greenland, Spain and Soviet 6th Problem: Union still violate the international convention Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 39. Introduction 1st Problem: Whales Piracy and privateering • There are still what they call “Pirate Whalers” of Peru, Chile and 2nd Problem: Taiwan. Slavery 3rd Problem: • Countries like the United States, Australia and most especially Fugitives Beyond Greenpeace played a great role in managing the whalers. Border 4th Problem: International Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 40. Introduction 1st Problem: Elephants Piracy and privateering • In East and central Africa the population of elephants greatly 2nd Problem: decreased Slavery 3rd Problem: • Other government officials and some conservationist supported Fugitives Beyond the resistance in killing of elephants especially as a sport Border • They succeeded in banning of selling ivory in the global trade in 4th Problem: 1989 with the help of the US government International Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 41. Introduction 1st Problem: Elephants Piracy and privateering • People against it used different tactics like producing the movie 2nd Problem: entitled Bloody Ivory Slavery 3rd Problem: • Selling of ivory cannot be fully eliminated as long as nations will Fugitives Beyond favor the sale of ivory such as Japan which consumes 40% of Border Africa’s ivory 4th Problem: • Convention on International Trade in Endangered Species was able International to reduce the price of ivory in mid-1989 Drug Trafficking 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes
  • 42. Introduction 1st Problem: I. Activities Targeted By Future Global Prohibition Regimes Piracy and privateering A. Extraterritorial Violations of Federal Statutes 2nd Problem: a. Against Tax Evasion, Money laundering, etc. Slavery b. Emergence of Multilateral Regimes 3rd Problem: Fugitives Beyond B. Unauthorized Development of Atomic, Biological, Chemical and Border Other Weapons Anti-Hi-jacking Regime 4th Problem: International C. Protection, Reduction and Conservation Drug Trafficking Civil Regulatory Agencies, Criminal Sanctions 5th Problem: Prostitution 6th Problem: II. Possibility of Legitimate Activities to Be Target of Global Killing of Whales Prohibition Regimes and Elephants International Traffic in Tobacco 7th Problem: Fate and Future of global prohibition regimes
  • 43. Introduction 1st Problem: Piracy and III. Lessons and Insights Into The Evolution of Norms in Global Society privateering Emergence of Norms and Its Promotion 2nd Problem: Slavery IV. Norms That Evolve Into Global Prohibition Regimes 3rd Problem: A. 1st: Mirror the Criminal Law of States That Have Dominated Global Fugitives Beyond Society Border B. 2nd: Target Criminal Activities 4th Problem: V. Global Prohibition Regimes International A. Certain Activities Must Be Banned Drug Trafficking B. Vulnerability of An Activity to Global Suppression Efforts By States 5th Problem: Prostitution 6th Problem: Killing of Whales and Elephants 7th Problem: Fate and Future of global prohibition regimes