Abstract

PIEDRAHITA-BUSTAMANTE, PEDRO. Local and Global: the State against transnational crime. Rev. Derecho Estado [online]. 2020, n.46, pp.137-160. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n46.06.

Transnational organized crime (COT) is one of the main affectations to nation states in the contemporary world, to such an extent that in many occasions criminal networks exceed the capacity of institutions. The objective of this article is to show the legal limits of the nation state against this phenomenon from a historical-hermeneutical analysis. This qualitative research has an interpretative level and is developed from a dual perspective, taking elements of the institutionalism proper to political science and the analysis of international law and criminal law. The idea is sustained that the nation state can overcome its crisis as long as it recognizes a fragmented sovereignty that allows not only the hybridization of the law, but also the hybridization of state institutions and functions in terms of security and prosecution of transnational crime. That is, the States must migrate to a network operation, as do the groups associated with transnational organized crime.

Keywords : Nation state; criminality; sovereignty; international law; criminal law.

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