TE PIRINGA FACULTY OF LAW
LAW534-15B Transnational Criminal Law
1.
Identification of Paper
Paper: LAWS534 -15B
This paper carries 30 points
2.
Staffing
Professor Neil Boister
(Convenor)
Phone: x7724
Room: G68
email: [email protected]
Available as posted on Moodle and office door
3.
Description and Structure of Paper
(a) Globalised criminal activity has forced states to coordinate their legal responses. This course
examines the system of international and domestic laws used by states to suppress transnational
criminal activity. First it examines the identification of transnational criminal threats and the
development of policy in response. Then it examines the substantive crimes established through
treaties. It analyses the contraband offences, crimes of violence and the concept of transnational
organised crime. Finally it examines international procedural co-operation. It begins with the
foundational issue of jurisdiction and then turns to the steps in that process such as mutual legal
assistance and extradition.
(b) Structure of the Paper
General
This is a Semester B paper. The teaching component comprises seminars held every week on
Thursdays from 11am – 1pm in A.G.12. These seminars begin on 16 July.
4.
Learning outcomes
The aim of the course is to provide a contextual introduction to the system of transnational
criminal law. After successfully completing this course a student will be able to
a) describe the system of transnational criminal law and develop a deep understanding of the
system;
b) to identify and critically analyse the substantive and procedural provisions of the laws involved;
c) to identify principles underlying these laws;
d) to examine the political and social context in which these forms of cooperation take place;
e) to apply this knowledge to novel crimes and procedures; and .
f) be familiar with the institutional contours of this particular field of law.
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5.
Workload
Students should expect to spend 300 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments and/or presentations.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, Thomson Reuters (2011). This is available from Bennetts, at
an approximate price of $37.00.
Recommended Reading: Neil Boister, An Introduction to Transnational Criminal Law (Oxford:
OUP, 2012)
Neil Boister and Robert Currie (eds) The Routledge Handbook on Transnational Criminal Law
(Routledge: 2014)
Required and recommended reading will be posted for each seminar on the Moodle
(http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such
material is provided on the following terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
School procedures for the presentation of course work are set out in the Te Piringa Faculty of Law
Graduate
and
Postgraduate
Handbook
which
is
available
from
http://www.waikato.ac.nz/law/graduate.
See also paragraph 12 below on referencing guidelines and plagiarism.
An assignment template document including coversheet is available on the Law Student
Homepage www.waikato.ac.nz/law/student/.
b)
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Coursework: Final Examination Ratio: 100/0
c)
Assessment Components
Two assignments of 6000 words each:
Component
Assignment One
Assignment Two
Percentage of overall mark
50%
50%
Due date
21 August 2015 at 8am.
16 October 2015 at 8am
Assignment One will examine substantive provisions of transnational criminal law.
Assignment Two will examine the procedural provisions of transnational criminal law.
Both assignments will examine the systematic nature of transnational criminal law and its political
and social context.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz),
and include a coversheet. The coversheet template is provided on the Law Student Homepage
(www.waikato.ac.nz/law/student). See Te Piringa Faculty of Law Graduate and Postgraduate
Handbook, available at www.waikato.ac.nz/law/graduate. Where practical, it is the policy of Te
Piringa Faculty of Law to return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper’s
Moodle site (from the participants list within the People block). Alternatively, you can email them
directly at [email protected] or call 838 4008.
e)
Measurement of Achievement
Achievement in assignments and presentations will be measured in terms of levels of
understanding and knowledge gained, in terms of the originality and the sophistication of analysis
provided, in terms of coherent and logical structure, and in terms of the fluency and accuracy of
expression and referencing.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
i)
Extensions
Students are required to complete and submit all internal assessment by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due in date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Graduate Programmes Manual available from the Faculty of Law
Graduate website www.waikato.ac.nz/law/graduate/.) Failure to comply with requirements as to
the time deadlines for internal assessment without having successfully applied either for an
extension or special consideration with supporting evidence before the due date will result in
deduction of 2.5 marks for each day the work is late. Lateness of more than a week may result in
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the work not being marked. No deadlines may be extended beyond two weeks after the last
teaching day of the semester(s) in which the paper is taught as final grades must go to the Board
of Examiners at this time. Unless an extension in writing has been granted, a lecturer may refuse
to accept a piece of work which is submitted after the specified date, and automatically award it
no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Resource Room, must be submitted
to the Chief Examiner or nominee. Students should not submit the extension form to the
lecturer, nor should students seek extensions from the lecturer via other forms of
communication. Extensions will be granted only on evidence of illness, family bereavement, or
serious personal accidents or circumstances. Please note that too many assignments due at the
same time is NOT an acceptable reason, neither are claims that computers and/or printers have
crashed. Account will be taken of the time in which the student has had to complete the internal
assessment before the supervening event occurred. It will be important to consider if the grant of
the extension will give the student in question an unfair advantage over other students. A
maximum period of 21 days will be given as an extension unless there are exceptional
circumstances. In determining applications the Chief Examiner or nominee may consult with the
Convenor or lecturer of the relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
Resource Room Administrative Assistant will advise the student of the decision by email.
Following this, the extension form will be given to the relevant lecturer who will retain it until
after the assignment is marked and returned to students. The form will then be placed on the
student’s file. It should be noted that if an extension of longer than 14 days is granted, the
assignment will not be automatically printed out and delivered to the lecturer, therefore the
lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a
student’s application for extension is declined the Chief Examiner or nominee will inform the
student of the process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2015 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from the Resource Room.
iii)
Appeals (University Calendar 2015, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Director of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
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9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2015.
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers
[Any pre-requisites are to be stated, but also intellectual linkages can be inserted]
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
(b)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the copying
or paraphrasing of another person’s work in an assessment item without acknowledging it as the
other person’s work through full and accurate referencing; it applies to assessment presented
through a written, spoken, electronic, broadcasting, visual, performance or other medium.” See
section 3, Assessment Regulations (2015 Calendar)
Unless approved otherwise by the examiners of the papers concerned, a student must not submit
as assessment material that is substantially the same as material submitted as assessment for a
different paper.
(c)
The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Graduate and Post-Graduate Handbook and the Te Piringa Faculty of Law
Graduate Programmes Manual, available from www.waikato.ac.nz/law/graduate/.
13.
Health and safety
The Faculty of Law’s Health and Safety representative is Ms Renee Rewi who is in Room Law G69
at ext 6727.
14.
Class representation
At the commencement of the semester / intensive paper, a class representative will be elected
by the students in [name of paper]. This representative is encouraged to communicate regularly
with the Convenor. Students in this paper are encouraged to liaise with their representative to
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discuss issues of concern. Contact details for the Student Representation Coordinator, Academic
Services Division, are as follows ext. 6264, email: [email protected]
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2015. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from the Resource
Room.
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Lecture Schedule A Semester Transnational Criminal Law – LAWS572
Week Commencing
Programme of lecture topics
13 July (Semester B Starts)
(1) Introduction to the Course. What is
Transnational Crime and what is
transnational criminal law?
20 July
(2) Early transnational crimes and their
modern analogues: Piracy, the SUA
offences,
Slavery
and
Human
Trafficking
27 July
(3) Foundational Transnational Crimes:
Drug Trafficking and Terrorism
3 August
(4) Key Modern Transnational Crimes:
Transnational Organised Crime and
Corruption
10 August
(5) Money
Laundering
Recovery
17 August
(6) New Crimes: Trafficking in Cultural
Property, Environmental Trafficking, IP
offences, Cybercrime
and
Asset
Teaching Recess
Teaching Recess
7 September
(7) Jurisdiction
14 September
(8) Police Cooperation
21 September
(9) Mutual Legal Assistance in Criminal
Matters
28 September
(10)
Asset Recovery
5 October
(11)
Extradition
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12 October
(12)
Institutions and Implementation
Study Week
Examinations
Examinations
Teaching Recess
Teaching Recess/Enrolment
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