Strengthening the Rule of Law in the Pacific through International Crime Cooperation

By Henshaw, Ciara | Australian International Law Journal, Annual 2008 | Go to article overview

Strengthening the Rule of Law in the Pacific through International Crime Cooperation


Henshaw, Ciara, Australian International Law Journal


Abstract

The rule of law as demonstrated through law enforcement, good political governance and an effective legal system has been identified as necessary for security, social stability, sustainable development and economic growth. Instability, corruption and lawlessness, which have at times plagued Pacific Island communities, are a clear indication of a weak rule of law. Organised criminal groups tend to target weak and vulnerable countries struggling with poor governance structures and social and/or political unrest, as is the case in many Pacific Island Countries. The aim of this article is to give a brief overview of the prevalence of transnational crime in the Pacific and its interrelationship with the rule of law. The article will then examine the range of international crime cooperation initiatives implemented in the Pacific to deal with transnational crime and the positive effect these initiatives have had on strengthening the rule of law.

Introduction

Whilst the Pacific Islands are culturally, educationally and socially diverse, there is a degree of similarity in their respective levels of governance, corruption and law enforcement capacity. The instability, corruption and lawlessness that have at times plagued Pacific Island Countries are a clear indication of a weak rule of law. In recent years there have been endless projects and initiatives developed to address this goal. Given the significance of the rule of law and the myriad of initiatives to strengthen it in weakened countries, agreement about its meaning and effect is remarkably elusive. The rule of law is rarely, if ever, a discrete legal principle in its own right; rather, it is an approach to governance on which the efficacy of law and constitutionalism rests. At the most basic level it can be said that there are three core principles to the rule of law. First, the population must be governed by general rules that are laid down in advance. Second, these rules must be applied and enforced; and third, disputes about the rules must be resolved effectively and fairly. (1) Efforts to strengthen the rule of law in the Pacific could be more successful if they focused on the specific difficulties experienced by Pacific Island Countries rather than the overarching, somewhat abstract goal of strengthening the rule of law. This article will consider the prevalence of transnational crime in the Pacific and how measures to combat this threat through international crime cooperation can strengthen the rule of law in the Pacific. The article will begin by considering exactly what is meant by the 'rule of law', the term 'transnational crime' and the relationship between the two. The article will then provide an overview of the Pacific region and the Pacific Islands Forum, and some explanation as to why Australia is concerned about the current situation in the Pacific. It will consider the prevalence of transnational crime in the Pacific and outline the benefits of using international crime cooperation to combat transnational crime. It will then describe regional efforts to combat this threat, explain why such efforts may not be effective and provide in the Pacific, which has had some success. Finally the article will outline the positive effect that international crime cooperation can have on strengthening the rule of law in the Pacific.

1. What is the Rule of Law?

The rule of law, as demonstrated through law enforcement, good political governance and an effective legal system, has been identified as necessary for security, social stability, sustainable development and economic growth. Both the World Bank and the Organisation for Economic Cooperation and Development identify the rule of law as one of the major components of the good governance promoted by them as essential for development. (2) An effective rule of law then underpins and enables security, social stability, sustainable development and economic growth.

In 1995 the Asian Development Bank ('ADB') adopted a policy on good governance and identified its four basic elements: accountability, participation, predictability and transparency. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Strengthening the Rule of Law in the Pacific through International Crime Cooperation
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.