Combating transnational crime: The role of learning and norm diffusion in the current rule of law wave

Introduction One of the defining aspects of the end of the 20th century was the turn to market liberalization and political democracy as twin organizing principles for human societies in many parts of the world (Simmons, Dobbin, and Garrett 2008). Practically every region of the world has participated to some degree in these twin liberalizations, although there are still stark differences among countries in the extent and enthusiasm of their participation. Some of the primary explanations for the globalization of liberalization have been new and intensified forms of economic competition on the one hand, and the spread of normative commitments to human rights and democratic participatory forms of governance on the other. Spurred by the foreign policies of major powers, the programs of major financial institutions, and a proliferating set of civil society actors, the second half of the 20th century might aptly be termed “an era of liberalization.” What, however, have these twin liberalizations meant for the broadening and deepening of the rule of law within and across countries? On the one hand, liberalization seems to assume the strengthening of domestic rule of law institutions, such as transparent decision making, independent judiciaries, professionalized law enforcement, and competent regulatory bureaucracies. On the other hand, abrupt marketization and economic liberalization have also created opportunities for the transnationalization of crime. As transaction costs have fallen, there are ever-greater opportunities for illicit traders to operate in an unrestricted fashion across borders. Transnational crime in turn creates growing challenges for national authorities at all levels, from foreign policy and security establishments, to law enforcement authorities, to border control officials, to local courts. In some ways, transnational crime has become a threat to “good governance” and even state sovereignty globally.