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In the era of globalization, where borders are getting less relevant, how can we prevent
Transnational Crimes without comprising the smooth people mobility?
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By Kesorphearom CHEA
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Over the past three decades, there have been free movements of people, free flow of
trade, and connections between states and states which make borders between each country
less significant; this phenomenon is called globalization. Crimes in the age of globalization
are increasing their sizes which mean they do not happen only within border of each country,
but they also happen across borders. So what are the methods to keep transnational crimes
from arising without interrupting people mobility in this globalization period? There are two
means that can keep transnational crime from happening which are cooperation, and
strengthening domestic legal framework.
First of all, we shall define the word transnational crimes. The term Transnational
Crimes has no single accepted concept. According to the definition defined by Boister
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extracted from a book named, An Introduction to International Criminal Law and Procedure
Law
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, transnational crimes are the crimes which happen across borders or between states and
states, in which their effects concern basic values of the international community.
Transnational crimes include drugs trafficking, piracy, slavery, terrorism offences, torture,
apartheid, enforced disappearances, human trafficking, and corruption
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.
The first means that can prevent transnational crimes without hindering mobility of
people is cooperation. In cooperation, it is divided into three types of cooperation which are
international, regional and bilateral. In all these three kinds or levels of cooperation, it is
believed that states have high chances to combat transnational crime effectively if they work
hand in hand with one another. Since transnational crimes are not the crimes that happen
within the border of one country, it is very important for the states to act jointly. The result
would not be effective if the state act alone in this kind of international issue that can affect
world peace, security and order. On these levels, concerning countries can exchange
information with each other about crime-organized groups, for those groups do not live in
one place; they have network everywhere almost around the world. Furthermore, partner
countries can also share some advancement in technology with one another. Moreover, it is a

1
Neil Boister, Transnational Criminal Law? (2003) 14 EJIL 953 at 96777.
2
Robert Cryer, et al. An Introduction to International Criminal Law and Procedure Law. E.d 2
nd
.(2010).
Cambridge University Press: NY
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Cryer, et al. (2010)
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great choice for cooperated countries to create effective institutional framework in order to
combat this transboundary crimes. Then a question pops up, how about state sovereignty?
Establishing international institution would not erode state sovereignty; instead it will help
states to achieve their objectives. For instance, on the international level, there is
International Police (INTERPOL), who has partnered with big intergovernmental
organizations such as United Nations, European Union, G8 and WHO and all of the countries
in the world, has achieved quite a number of fighting against transnational crimes with its
high technology in tracking and catching the criminals
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. Besides, each regional organization
also has its own police or institution to deal with this security issue, namely, EuroPol,
ASEANAPol, etc. For example, ASEAN is a regional organization, which consists of ten
member states, has its own institutional frameworks and extra-regional cooperation with
many states, specifically Korea, Japan, China and the U.S, etc. According to ASEAN Plan of
Action To Combat Transnational Crime, ASEAN has established ASEANAPOL and the
ASEAN Centre for Combating Transnational Crime (ACTC) in order to exchange and
monitor information between ASEAN countries as well as with other extra-regional
cooperated states in order to prevent the high increase of transnational crime when ASEAN
Economic Community approaches in 2015. In ASEAN-Republic of Korea dialogue relations,
it can be seen that the relations between both parties are very smooth in terms of political
security cooperation. As a follow-up, ASEAN and the ROK Senior Officials on
Transnational Crime meet regularly to explore cooperation and exchange views on combating
transnational crime.
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The second way which I believe also has great effectiveness in lowering transnational
crimes from rising is strengthening domestic legal framework. In other word, if there is only
international, regional or bilateral cooperation, it is not enough to combat such thing. It
demands the unilateral action from each country. By unilateral action, it does not mean that
each country shall go solo in this matter. In contrast, they shall make additional
responsibilities in order to make international cooperation such as treaties or agreement
function properly
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. Furthermore, domestic law shall be complied with international law (i.e.
the United Nations Convention Against Transnational Organized Crime and the Protocols
thereto), as well. For instance, the U.S promulgate anti-crime policies in domestic level

4
INTERPOL (2013). Retrieved from http://www.interpol.int/en . Retrieved in June, 30 2013
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ASEAN Secretariat, ASEAN-Republic of Korea Dialogue Relations (2012). Retrieved from
http://www.asean.org/asean/external-relations/rok/item/asean-republic-of-korea-dialogue-relations . Retrieved in
June, 30 2013
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Kimberly Hsu, Transnational Organized Crime: Its Globalized Roots and the Need for a Globalized Solution
Journal of International Relations (2006). Vol 8, p. 26-34.
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meaning that the U.S is effective in imposing legal punishment on the criminals inside its
jurisdiction. Likewise in Cambodia, the government is trying to prevent this problem from
happening by imposing an Anti-Corruption Law in 2010 which is compliance to the
international law, as well. Over these past few years, the Anti-Corruption Unit has tackled
down some cases relating to corruption among government officials efficiently.
To sum up, there are two methods that can prevent transnational crimes without
deterring smooth mobility of people in the era of globalization, namely cooperation and
fostering domestic legal framework. There are three levels of cooperation which are
international, regional and bilateral cooperation. If states can cooperate with each other
effectively among these three levels, it can keep transnational crimes from rising. Besides,
states shall take unilateral action by strengthening their own domestic laws in order to make
international agreements work appropriately.

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This essay is the authors opinion contributing to the topics of Globalization and Transnational Crimes.
Please do not cite or quote this article.
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Kesorphearom CHEA is an undergraduate student majoring in Law and International Studies. She has a deep
interest in International Law, International Relations and Economics.