Neil Boister
Biographic Data
| ID | 5795160 |
|---|---|
| NAME | Neil Boister |
| GIVEN NAMES | Neil |
| FAMILY NAME | Boister |
| SIGNATURE | BOISTER N |
| AFFILIATIONS | University of Canterbury |
| ORCID | 0000-0002-7805-5824 |
| VERIFIED | Yes |
| TOTAL WORKS | 14 |
| TOTAL CITATIONS | 11 |
| AUTHOR COUNT | 14 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2001 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
The ‘General Part’ of Transnational Criminal Law
This article explores whether there is a general part of transnational criminal law. It looks at what is meant by a general part in the theory of criminal law and then at the development of a partial general part of international criminal law in a strict sense. The article undertakes a general survey of all primary instruments to explore the level of consistency of terminology and to show how this consistency has potentially shaped the scope of c…
Conscription to Fight a War of Aggression under International Criminal Law
The criminalization of the unlawful use of force in international relations is not usually linked to conscription of an army to fight such a war. However, historical precedent in the Nuremberg and Tokyo International Military Tribunals established that conscription was part of the common plan to wage a war of aggression. After a brief history of conscription and its justifications, this article examines that precedent and then analyses how it cou…
A History of Double Criminality in Extradition
This article sets out the history of double criminality in the law of extradition. It shows how that it only emerged as a legal requirement in the ‘Jay Treaty’, the 1794 treaty between theUSand UK. The article explores how the ‘Jay proviso’, a procedural requirement that the requesting state produce sufficient evidence to satisfy the requested state of the criminality of the requested person, morphed through interaction between common law and civ…
In Memoriam
The Cooperation Provisions of the un Convention against Transnational Organised Crime
This article examines the provisions for international cooperation in the un Convention against Transnational Organised Crime ( untoc ) and their effectiveness in achieving the untoc ’s goal of promoting effective cooperation in the prevention and combating of transnational organised crime. It is a response to the growing sense that the untoc is not as effective a tool as promised, which sense is exacerbated by the absence of a functional review …
Waltzing on the Vienna Consensus on Drug Control? Tensions in the International System for the Control of Drugs
This article examines the tensions within the international drug control system which are putting the until now consensual position in regard to the prohibition on drugs supply and use for anything other than medical and scientific use – the Vienna Consensus – under strain. The article examines a number of areas where policy stress is leading to controversy about potential violation of international drug control treaty obligations by states parti…
An Introduction to Transnational Criminal Law
Introduction to Transnational Criminal Law
Slave Trading, Human Trafficking, and Migrant Smuggling
The ‘discovery’ that the commercial trade in human beings still exists has sparked renewed interest in suppression of slave trading and related practices. This chapter charts the gradual criminalization of slave trading as a transnational crime. It then examines the evolution of its modern analogue, human trafficking, and the related form of irregular migration (migration outside a legal framework), migrant smuggling. Chattel slavery entailed the…
Why and How to Make a Treaty Crime of Medicine Counterfeiting
In response to an article recently published in this Journal by Amir Attaran, Roger Bate and Megan Kendall regarding counterfeiting medicine, the authors dispute Attaran, Bate and Kendall’s understanding of the problem on several points. These points include the choice of a forum such as the WHO for treaty negotiations and the neglect of the pre-existing UN criminal justice framework. The authors conclude that the issue raised by Attaran, Bate an…
The Tokyo War Crimes Trial
Failing to get to the Heart of the Matter in Sierra Leone
Failing to get to the Heart of the Matter in Sierra Leone? The Truth Commission is Denied Unrestricted Access to Chief Hinga Norman Get access Neil Boister Neil Boister University of Canterbury, New Zealand. Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 2, Issue 4, December 2004, Pages 1100–1117, https://doi.org/10.1093/jicj/2.4.1100 Published: 01 December 2004
Transnational Criminal Law
International criminal law is currently subdivided into international criminal law stricto sensu — the so-called core crimes — and crimes of international concern — the so-called treaty crimes. This article suggests that the latter category can be appropriately relabelled transnational criminal law to find a doctrinal match for the criminological term transnational crime. The article argues that such a relabelling is justified because of the need…
Penal Aspects of the UN Drug Conventions
The UN Drug Conventions - the 1961 Single Convention on Narcotic Drugs, the 1971 Psychotropic Convention, the 1972 Protocol to the Single Convention and the 1988 UN Drug Trafficking Convention - regulate the global suppression of illicit drugs. This volume examines the provisions of these conventions that require states to adopt penal measures against drugs in their domestic law. Its introductory chapters explore the controversial application of …
Transnational Criminal Law
International criminal law is currently subdivided into international criminal law stricto sensu — the so-called core crimes — and crimes of international concern — the so-called treaty crimes. This article suggests that the latter category can be appropriately relabelled transnational criminal law to find a doctrinal match for the criminological term transnational crime. The article argues that such a relabelling is justified because of the need…
Waltzing on the Vienna Consensus on Drug Control? Tensions in the International System for the Control of Drugs
This article examines the tensions within the international drug control system which are putting the until now consensual position in regard to the prohibition on drugs supply and use for anything other than medical and scientific use – the Vienna Consensus – under strain. The article examines a number of areas where policy stress is leading to controversy about potential violation of international drug control treaty obligations by states parti…
The Cooperation Provisions of the un Convention against Transnational Organised Crime
This article examines the provisions for international cooperation in the un Convention against Transnational Organised Crime ( untoc ) and their effectiveness in achieving the untoc ’s goal of promoting effective cooperation in the prevention and combating of transnational organised crime. It is a response to the growing sense that the untoc is not as effective a tool as promised, which sense is exacerbated by the absence of a functional review …
Penal Aspects of the UN Drug Conventions
The UN Drug Conventions - the 1961 Single Convention on Narcotic Drugs, the 1971 Psychotropic Convention, the 1972 Protocol to the Single Convention and the 1988 UN Drug Trafficking Convention - regulate the global suppression of illicit drugs. This volume examines the provisions of these conventions that require states to adopt penal measures against drugs in their domestic law. Its introductory chapters explore the controversial application of …
Transnational Criminal Law
International criminal law is currently subdivided into international criminal law stricto sensu — the so-called core crimes — and crimes of international concern — the so-called treaty crimes. This article suggests that the latter category can be appropriately relabelled transnational criminal law to find a doctrinal match for the criminological term transnational crime. The article argues that such a relabelling is justified because of the need…
Failing to get to the Heart of the Matter in Sierra Leone
Failing to get to the Heart of the Matter in Sierra Leone? The Truth Commission is Denied Unrestricted Access to Chief Hinga Norman Get access Neil Boister Neil Boister University of Canterbury, New Zealand. Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 2, Issue 4, December 2004, Pages 1100–1117, https://doi.org/10.1093/jicj/2.4.1100 Published: 01 December 2004
The Tokyo War Crimes Trial
Why and How to Make a Treaty Crime of Medicine Counterfeiting
In response to an article recently published in this Journal by Amir Attaran, Roger Bate and Megan Kendall regarding counterfeiting medicine, the authors dispute Attaran, Bate and Kendall’s understanding of the problem on several points. These points include the choice of a forum such as the WHO for treaty negotiations and the neglect of the pre-existing UN criminal justice framework. The authors conclude that the issue raised by Attaran, Bate an…
An Introduction to Transnational Criminal Law
Introduction to Transnational Criminal Law
Slave Trading, Human Trafficking, and Migrant Smuggling
The ‘discovery’ that the commercial trade in human beings still exists has sparked renewed interest in suppression of slave trading and related practices. This chapter charts the gradual criminalization of slave trading as a transnational crime. It then examines the evolution of its modern analogue, human trafficking, and the related form of irregular migration (migration outside a legal framework), migrant smuggling. Chattel slavery entailed the…
The Cooperation Provisions of the un Convention against Transnational Organised Crime
This article examines the provisions for international cooperation in the un Convention against Transnational Organised Crime ( untoc ) and their effectiveness in achieving the untoc ’s goal of promoting effective cooperation in the prevention and combating of transnational organised crime. It is a response to the growing sense that the untoc is not as effective a tool as promised, which sense is exacerbated by the absence of a functional review …
Waltzing on the Vienna Consensus on Drug Control? Tensions in the International System for the Control of Drugs
This article examines the tensions within the international drug control system which are putting the until now consensual position in regard to the prohibition on drugs supply and use for anything other than medical and scientific use – the Vienna Consensus – under strain. The article examines a number of areas where policy stress is leading to controversy about potential violation of international drug control treaty obligations by states parti…
In Memoriam
Conscription to Fight a War of Aggression under International Criminal Law
The criminalization of the unlawful use of force in international relations is not usually linked to conscription of an army to fight such a war. However, historical precedent in the Nuremberg and Tokyo International Military Tribunals established that conscription was part of the common plan to wage a war of aggression. After a brief history of conscription and its justifications, this article examines that precedent and then analyses how it cou…
A History of Double Criminality in Extradition
This article sets out the history of double criminality in the law of extradition. It shows how that it only emerged as a legal requirement in the ‘Jay Treaty’, the 1794 treaty between theUSand UK. The article explores how the ‘Jay proviso’, a procedural requirement that the requesting state produce sufficient evidence to satisfy the requested state of the criminality of the requested person, morphed through interaction between common law and civ…
The ‘General Part’ of Transnational Criminal Law
This article explores whether there is a general part of transnational criminal law. It looks at what is meant by a general part in the theory of criminal law and then at the development of a partial general part of international criminal law in a strict sense. The article undertakes a general survey of all primary instruments to explore the level of consistency of terminology and to show how this consistency has potentially shaped the scope of c…
Political science (12 works) · Sociology (12 works) · Law (10 works) · Criminology (7 works) · International Law and Human Rights (6 works) · Law (6 works) · Criminal law (5 works) · European Criminal Justice and Data Protection (5 works) · Treaty (4 works) · Convention (3 works)