Transnational Organized Crime (TOC) and criminal law jurisdiction: a shift from Westphalian to governance paradigm in globalization crime context

Transnational Organized Crime (TOC) has been considered as a crime of globalization. Moving from that, the paper examines literature showing how TOC really poses challenges to the criminal law paradigm grounded on territorial governance and state sovereignty. By discussing the implications of transnational spatiality of crime phenomenon, the Authors reject the theoretical assumption of State's retreat and argue the meaning of criminal law jurisdiction (CLJ) is increasingly changed. Hence the paper examines the more innovative CLJ theories and practices adopted by the state (also in interstate framework) to prevent and control borderless organized crime. In that sense, comparative legal analysis in needed. The paper's purpose not only stresses the trend of extraterritoriality or functional territoriality's emergence. Instead, as more scholars explain, to address the new jurisdiction framework dealing with TOC is needed to consider other two movements. The first one has been received much attention by literature: it refers to the denationalisation of criminal law that reveals significant nuances in the TOC matter. The second movement is less studied: to control spaceless crime, for example, states are applying to non-state actors a set of voluntary or mandatory due diligence regulations. The engagement of non-state actors in criminal law governance about TOC - as the Authors show - should be considered as reshaping jurisdiction in a procedural way to control transnational crime beyond Westphalian criminal law paradigm.