For the past two decades organized crime has become a transnational phenomenon, and its impact is still far from being fully known and understood by common people. Its forms of manifestation, whether explicit, or subtle, are permanently evolving and adapting. As a result, its interference with the activities from the legal area makes it difficult to identify and counteract. After a long period of time when it was more a peripheral phenomenon, current transnational organized crime tends to become a major danger to the political, social and economic stability of the states. Through its nature and goals, as well as through the complexity of its forms of manifestation, transnational organized crime represents a major challenge for the state and non- state organizations that deal with national and international security This paper focuses on the phenomenon starting from some of the most influent theories in international relations, presents the current features of transnational organized criminal groups and analyzes the causes and the favoring factors of the phenomenon, as well as the impact of the phenomenon upon national and international security at political, economic-financial and military level. The approach is an inter- disciplinary one and also covers the nexus between transnational organized crime and international terrorism.
Key words: organized crime, international relations theories, criminal
organizations, terrorism. 1. DEFINITIONS as an assemble of conditions and historical, socio-political, economic The rapid developments and technological developments (in and turbulences during the last the case of space), or as a set of specific two decades have determined a ideas, concepts and perceptions (in continued redefinition of the notion the case of time). In this respect of transnational organized crime [1]. it is worth noting that definitions Thus, at present, there is no universal themselves evolve continuously accepted definition regarding this but their contents is influenced by phenomenon. the theoretical approaches to the The conceptual framework built phenomenon they describe. around the notion of transnational Moreover, the variability of organized crime is influenced by the definitions referring to this two main variables: the space within phenomenon is pretty much rendered which the phenomenon occurs and by the discipline itself, the level the required time for its analysis. In of analysis and the methodology this context these two variables gain for research. The particularities of sense if they are understood either different geographical spaces, the political and economic interests (not lucrative markets, then they will always convergent) of states, as well become targets for transnational as the differences in approach specific organized groups, that will engage in to different theories in international illicit activities, trying to limit or to relations further hinder reaching a minimize their risks, but continuing consent regarding what transnational to operate, mainly, from states where organized crime represents, even for the jurisdiction presents diminished a delineated period of time. risks for them ; But the lack of the consent e. the digital signals - refer to the regarding what transnational sending of the electronic messages organized crime represents does not aiming at attacking or destroying the prevent researchers from reaching an informatics systems or robbing the agreement regarding some features of financial institutions. the phenomenon, considered intrinsic According to the operational to its transnational character [2]: definition emerging from all of the a. perpetrators - they are persons above, transnational organized crime or organized groups crossing national has three distinct features which borders (physically or virtually - distinguish it from its early national by using advanced technologies in manifestations: a) it operates at informatics and communications) regional or global level; b) it has while developing their activities; created extended trans-border b. the object of the organized connections; c) it has the capacity to crime - is represented by: “illicit challenge national and international goods (manufactured or from the authorities. services field); licit goods stealth or those that make the object of 2. CONCEPTUAL smuggling outside the country; PERSPECTIVES the licit goods purchased from a country by violating the restrictions As previously stated, the regarding their export; the licit goods approach to the phenomenon of imported from a country by violating transnational organized crime suffers restrictions regarding import or from the impact of different trends international embargo” [2] ; in dominating international relations c. the subject of the organized theory, namely Realism, Liberalism, crime - consists of foreigners Marxism and Social Constructivism. engaging in illegal acts on the From the perspective of Political territory of other state; Realism, each member of the human d. the motive of organized crime - society has the obligation to obey the consists in gaining profit from illicit fundamental values of the community. activities. The involvement in illicit As such, the state is authorized to activities presupposes exposure to intervene (violent means included) risks incurred by national legislation in order to keep social order under constraints. That does not mean its control. State institutions have the that transnational organized crime function to preserve the dominant organizations avoid high risk states. legal system to the benefit of the If the latter offer attractive and whole society. From a Clausewitzian perspective, from the society and will bear the organized crime represents, in its core, consequences of their behavior. The a continuation of economic activities adepts of Liberalism argue that the using illicit means (transnational phenomenon can be fought through organized crime groups combine cooperation among states and by legal working methods with illegal creating strong international institutions ones- the use of violence, corruption, with attributions in this field. intimidation, blackmail). The Marxist theory explains This theory proposes, as the the phenomenon of transnational only one solution to eradicate the organized crime as the continuous phenomenon, strong measures effort on behalf of capital owners against those who engage in such to maximize their own profit and, kind of antisocial deeds. That should implicitly, as a result of their rapacity represent, in fact, clear signals to or lack of interest, to limit the access individuals who are part of a given to well-being for other social classes. social organization that the state is The latter, once marginalized, do strong enough and determined to not have any alternative to survive. take the measures that it considers For the researchers belonging to necessary to discourage those that, this thinking trend in international otherwise, would intent to challenge relations, the solution consists in state authority, be them persons or adjusting the ratio between work and organized groups. capital as far as goods and services Liberalism emphasizes human on the world market are concerned, freedom and views society as a in favor of work. harmonious and unitary mechanism, Social Constructivism approaches in which citizens share a common set crime as an ensemble of elements whose of values specific to their community. origin is at the crossroad between the Within this general framework, social process sphere and the concrete criminals are defined as persons with reality. Constructivist researchers argue a deviant behavior. that reality is a social construct, and the The theoreticians of Liberalism manner in which people act or react in recognize that globalization, in society has a significant impact upon general, and trade liberalization, people’s behavior. in particular, have contributed to The researchers belonging to extending transnational organized this school of thought argue that the crime. However, they argue that this phenomenon is a consequence of represents a secondary effect which the current social organization, of cannot shadow the benefits of free the way in which society’s members trade and globalization. perceive themselves in relation to the According to this theory, there are institutions defining the state, as well two solutions to the issue: either the as of some individual psychological criminals give up (on their own will features. Regarding the things from or under the pressure of the society the perspective of Alexander Wendt, in which they live) their behavior and we may say that organized crime is become alike other members of the strongly shaped by the ideas and the society, or they exclude themselves interests prevailing in society. From the perspective of this analysis and, implicitly, from an school of thought, the solution insufficient understanding. That is should be sought in the direction of also underlined by the numerous rethinking and redefining the social concerns linked to drug, human and processes that currently regulate arms trafficking activities, illegal people’s behavior in society. immigration or other illegal activities, Each of the above mentioned as well as by the ignorance or, simply, theories has its own limits in exclusion from the definition of the explaining the phenomenon. The phenomenon of other illegal activities Realist theory ignores that in every carried out by legal actors or in society there are “social misfits” which these actors have an important for the treatment of which special involvement. Thus, the crimes carried means are necessary. Nonetheless, out by transnational corporations almost all contemporary societies (especially those which operate in the are not prepared or in tune to invest field of tobacco, oil, chemical products in this direction since such effort is or international finance) or those considered too costly and, therefore, carried out by some state institutions ineffective. Liberalism admits the (such as intelligence services), hypothesis mentioned above, but including those of democratic states, also considers that this is a natural are excluded. The causes of this fact, and the citizens themselves approach lie in the politico-diplomatic are the only responsible for their relations generally accepted by acts, taking into consideration that states, but also in “the existential state institutions should have only a symbiosis between state and the non- limited (or minimal) involvement in state criminal groups” [3]. Thus, the regulating a given society’s activities. limitative and somehow subjective In its turn, the Marxist theory cannot character of the current research in explain why only some individuals the field can be better explained, even from the exploited social categories though the objective character which engage in criminal acts, and others do scientific research claims should rise not. Social Constructivism, beyond above these practices that, many its merits in uncovering the limits of times, have a temporary character the other schools of thought and apart and are not necessary anchored in the from its contributions to elaborating social needs of the citizens which they a theory on the challenges that are supposed to serve. societies face nowadays, is not so Essentially, transnational coherent in formulating solutions to organized crime is defined by the problems under discussion. It can illegal activities orientated towards be said that the research programs profit that cross national borders. proposed by Social Constructivism is Not all organized crime forms are suggestive and ad yet less conclusive transnational, but, currently, there is in identifying concrete solutions. a range of activities in this sphere that Regardless of the perspective are carried out on transnational bases, from which the phenomenon of some of them even at a global scale. transnational organized crime is At the same time, there are premises approached, it suffers from a partial for extending the criminal activities beyond the national borders, firstly, crime represents an answer to poverty because of the differences in the and inequality. Therefore, it is character of the demand and supply characteristic not only of poor states of the illegal goods and services. or communities, but also of developed A non-exhaustive list of the ones that are characterized by a high criminal activities includes: drugs level of social inequality and by trafficking, persons’ trafficking, social and economic discrimination; persons’ smuggling, arms’, - the demand for goods and ammunitions and other forbidden illicit services. Increasing wealth substances trafficking, fake goods and excessive consumption in trafficking, maritime piracy and developed countries have created cyberspace crime. The most important new opportunities for spending spare activities of the transnational time, associated with an increase organized crime, by the profit they in the demand of goods and illicit generate, are presented in Figure 1. services. Sometimes, criminal groups become involved in the development of some projects of local interest [4], as a way to prove that they are more reliable and more effective that state institutions; - the demographic boom in developing countries - has led to Fig. no. 1. The main activities of the the marginalization and social and transnational organized crime; Source: UN economic exclusion of an increasing Office for Drugs and Crime, 2010. part of the population in those 3. CAUSES countries, all of which is overlaid over AND FACILITATING FACTORS the social and economic difficulties FOR TRANSNATIONAL that those societies are facing. In the ORGANIZED CRIME absence of the opportunities, that category of population is the most Transnational organized crime vulnerable to the actions of organized has deep roots in humankind history. crime groups that have developed The phenomenon is a consequence their capacity to intervene where state both of some causes spread in all the institutions do not involve themselves regions on globe and of some specific or are not engaged enough; premises that are linked to social, - differences among the legislative political and regional developments. and juridical systems of the states. The following are some of the most A range of transnational crimes are important causes: caused, or at least stimulated, by - the disparities in the socio- the existence of some differences economic conditions. The high level between the national legislations of global poverty and increasing regarding the fiscal regime for some economic and social inequalities, goods [4]. The smuggling of different within the last several decades, have goods would not be possible - at stimulated the phenomenon. From least not at the current level - if big the market’s perspective, organized differences among states would not exist in goods’ taxation. In addition, On the other hand, some processes the commercial barrier unilaterally associated with globalization imposed by developed states facilitates diminish the facilitating causes of illicit and smuggling activities. The organized crime. The liberalization of harmonization of different states’ markets, for instance, has diminished legislation can reduce the level of the possibility for criminal groups to transnational organized crime; interfere with the capital flows; - globalization. Globalization Last but not the least, organized represents a cause and facilitating crime is a consequence of attitudes factor for transnational organized and practices promoted by persons crime. The liberalization of markets that do not integrate socially or that and the free movement of capital do not care about the consequences flows and, to some extent, of people of disobeying social norms. have created new stimuli for the Transnational organized crime criminal groups interested in raising would not have reached the current their profit. The modus operandi of development level without the current criminal organizations follows support of some favorable factors. the logic of market; they succeed in Some relatively recent developments avoiding national boundaries and at international level have facilitated quickly adapt to the current global the intensification of transnational economic environment, in which organized crime activities: states exercise a more limited control a) the geopolitical events occurred over national business than in the past. for the last 22 years. Currently, the illicit criminal activities The strategies of transnational are mixed with licit business [4], an organized crime groups are closely aspect which makes the activities linked to regional and global associated with combating organized geopolitical developments. A range crime even more difficult, both in terms of events with regional and global of distinguishing the legal aspects from impact (the Cold War ending, the the illegal ones, as well as in terms of Soviet Union disintegration, the their effectiveness, as decision-making civil war in the former Yugoslavia, factors at local and central level are the emergence of new commercial involved in legal/illegal activities. blocks and newly industrialized In the context of globalization, states), that occurred within the last organized crime expands, both two decades, have stimulated the geographically (the spatial level), activities of transnational organized and numerically (the number of the crime [5]. Terrorist organizations, countries affected, the number of such as Islamic State in Iraq and groups that operate and the fields of Levant, (ISIL), is gaining substantial illegal activities). The revolutions resources from production and in communications and transports trading oil and natural gases, by - the main vectors of globalization - imposing taxes on the commercial have facilitated these developments, activities in the territories it controls, leading at the same time to the drugs trafficking, protection taxes, improvement of criminal groups’ funds extortions, kidnappings for methods of actions. ransom, bank robberies, terrains and properties confiscations etc. of drugs because they are fragile According to a study realized by IHS states that present lesser risks to Inc. at the end of 2015, ISIL gained the transnational organized crime’s between 75 and 80 million euro, groups than it is the case of stronger monthly, from illegal activities [6]. states. States caught up in these illegal This plague prospers in the context activities can be perceived as victims of political turbulence and economic of circumstances since they are not the uncertainties, and the last 20 years do final destinations for these activities. not lack this kind of developments As Kleiman said, “the United States at all. The dissolution of the Soviet is central to Mexico’s drug problem, Union has encouraged, to a large whereas Mexico is incidental to that extent, the expansion of transnational of the United States [7]”; organized crime. In the context of - developing opaque privatization collapse of the communist regimes, processes. The economic liberalization the criminal groups have established has weakened state authority in links in all former socialist states Eastern Europe, partially as a result of from Eastern Europe. Currently, the unfair privatization processes; Russian organized crime operates - lack of strong political without restrictions within the entire institutions and the increasing and ex-Soviet space, being engaged in consistent interference of capital drug trafficking, illegal migration, owners in political decisions with a view to quick enrichment, illegal and money laundering or illegal ways included. arms’ trade. Often, the links between The political, economic and social Russian organized crime groups and transformations in the ‘90s have led those from other ex-Soviet states to reframing former structures of is established through the former authority, to domestic disorder, to Soviet nomenclature. strengthening popular resistance to Transnational organized crime has the control exercised by new state also proliferated as a result of local authorities, to the revival of ethnic conditions and developments. In the antagonism, as well as to the collapse ex-Soviet space and in the former of the juridical and security systems, satellite-states of the Soviet Union, often subordinated to or cooperating for instance, the continuation and the with the organized crime in the new spreading of the phenomenon were political context [8]. The power facilitated by the following evolutions: vacuum and the previous experience - the elimination of the of organized crime, as well as the interdependence between states rapid deterioration of the living belonging to the former socialist standard of the population have block has permitted the extending of constituted important premises for the space for action for the new illegal reviving and extending organized groups, which involved themselves crime groups’ activities. At present, in identifying new markets for goods the overlaying of legal activities with manufactured in these states. Much those illegal in the majority of the of these states represent key elements new market economies is intrinsic to in the movement and production the new situation; b) the increasing role of non-state officials’ corruption, and by launching actors. As a consequence of economic threats and intimidations, deregulation and globalization of d) intensification of international world politics, especially after 1989, migration. Immigrants that did not the non-state actors have gained integrate in their host societies may find a more prominent role in world themselves in what Manuel Castells politics. Sometimes, these non-state calls “areas of social exclusion” [9]. actors have succeeded in obviating In Western Europe, for instance, a the control and authority of the large part of the Muslim immigrants states. Against this background, an is marginalized and alienated. Even increasing number of groups and those who are the second and third organizations became involved in generation living in these countries trans-border activities, such as drugs, face discriminations on the labor arms or persons trafficking; market or in the educational systems. c) the convergent evolutions in For them, engaging in the informal the fields of new technologies and economy and in criminal activities in that of the liberalization of illegal represents an alternative - many times flows of goods and services have the only one possibility to survive. created a range of opportunities for transnational organized crime. 4. TRANSNATIONAL As already stated, the sphere of CRIMINAL ORGANIZATIONS activities developed by transnational organized crime groups has extended The bulk of studies regarding and diversified, as a result of the transnational organized crime peaceful coexistence between presents criminal organizations as the geographically dispersed criminal core element (a considerable smaller groups and the interdependence number of studies focus on the illicit between national governments and market) of organized crime. A special criminal organizations [3]. interest is related to the way in which The same elements that have these entities are organized and facilitated the intensification of the function. business - economic liberalization, The UN Convention on globalization, elimination of customs transnational organized crime barriers, and development of new defines organized crime group as “a technologies - are now exploited by structured group of three or more organized crime groups. They have persons existing for a period of time taken advantage of the new context and acting in concert with the aim even more than the legal organizations of committing one or more serious that obey the regulations of the crimes or offences … in order states in which they operate and, to obtain, directly, or indirectly, hence, make higher profits than the a financial or other material latter. Organized crime networks benefit”[10]. can currently use the free market According to the UN Convention advantages and the opening of state [10], a serious crime is transnational if: borders for their own advantage (a) it is perpetrated in more than as a result of being encouraged by a state; (b) it is perpetrated in a state, but b. structured either hierarchically, a substantial part of its preparation, or on the bases of personal relationships planning, direction and control occur and able to consolidate that structure in another state; through strict sanctions; (c) it is perpetrated in a state, c. ready to use violence, but it involves a criminal group that intimidation and corruption in order engages in criminal activities in more to gain profits and control over the than a state, or territories and markets; (d) it is perpetrated in a state, but it d. forced to laundry their illicit has substantial effects in another state. gains either by extending their area We may notice that the UN of activity or by penetrating the legal definition regarding the organized national economy; criminal group does not encompass e. able to extend in new activities, those entities whose main aim is beyond the national boundaries; not gaining financial or material f. more and more interested in benefits, as it is the case of terrorist cooperating with other transnational or insurgent groups. By referring to organized crime groups; the financial or material benefits it g. able to infiltrate governmental was just indented the exclusion of the institutions, including custom political or social motivated groups. services, police, judiciary organs and The UN experts consider that even national parliaments; transnational organized crime h. in a permanent quest for legal activities are characterized by: the covering. extensive use of violence; corruption, penetrating the legal economy; 5. THE IMPACT carrying out activities in three or more OF ORGANIZED CRIME states; cooperation among criminal ON (INTER)NATIONAL SECURITY groups; an extended area of activities and the political influence (Figure 2). Although it has only recently been included on the international agenda, transnational organized crime has quickly become a priority on states’ agenda. The UN Convention on transnational organized crime has been in place since 2003. In 2004, the UN Committee has identified Fig. no. 2. Features of the transnational transnational organized crime as one organized crime groups’ activities; of those “six groups of threats that Source: UN Office on Drugs and Crime, 2006. the humankind must be concerned currently and in the next decades” In an attempt to characterize the [12], and in February 2010, the behavior of transnational organized UN Security Council underlined crime groups and organizations, Kees the threat raised by transnational Zijlstra mentions that they are [11]: organized crime in certain cases a. orientated towards for the international security in committing infractions; different regions of the world and suggested to the General Secretary of forced work along a certain period of the organization to consider these of time, or how legal trade is affected threats as a factor in the strategies by competition from counterfeit or for preventing conflicts, conflict fake goods. resolution, assessment and integration The literature in the field reveals of missions. a range of opinions regarding the Indeed, through the extension level of the threat represented by and depth of its involvement, transnational organized crime. organized crime threatens a range of Some researchers reduce its impact state interests. Thus, “the physical at a potential risk; others, more violence and the intimidation of the recently, consider it a challenge population the illicit way of gaining for national security (even an issue wealth undermine the political, of hard security, through its nexus economic, social and cultural - sometimes proved, other times wellbeing of the state; attack the only inferred - with international legislative and executive systems terrorism, violent conflicts or traffic power... The organized crime creates of nuclear materials). The variety a parallel economy that instead led to of the viewpoints and approaches to the loss of the public trust in the state’s the phenomenon at the international institutions and the latter’s capacity to level reveals the necessity for ensure equity in society.” [1] specialists in international relations In such conditions, one should to reach explicative theories able to not wonder that criminal violence is adapt themselves to the emergence the first reason of concern for people, of transnational organized crime as a according to a survey conducted in major threat - perhaps the biggest - 2005 by Human Security Centre in raised to the whole world in the 1990 11 countries. decade and after that [3], as the first What distinguishes organized step in an effective approach to the crime from other security threats phenomenon. is that it anchors in corruption and Beyond the nuances, a thing systematic violence in order to gain is certain: organized crime affects high profits, often laundered through the way in which institutions and their reinvestment in the legal democratic processes function. economy [13]. In the case of states without Quantifying the impact of powerful institutions, the threat is organized crime upon society is straightforward, while for powerful desirable and yet very difficult to states, it creates the premises of accurately measure due to the fact that some vulnerability. But in both the specific activities of organized cases, transnational organized crime crime develop clandestinely. Most threatens: good governance, state often, this impact is estimated on institution, legal markets, economic the basis of some statistical data development and people’s life. like how many persons die annually Regardless of the point of view because of drugs consumption, or that we share as far as the level of how many persons were trafficked, the threat coming from this flagellum sexually exploited or were the object is concerned, we have to admit that, given the current globalization wave, for individuals and governments to transnational organized crime has get involved into illegal activities become more than ever an increasing that “creates shared vulnerabilities, threat (both hard and soft) for as interconnected systems and national and international security. sectors are susceptible to the threat The negative effects of organized of transnational crime” [14]; crime propagate themselves in all - it intervenes in the democratic society spheres, as follows: process, fueling the idea that the a) in the political field: political life is governed rather by - it affects state sovereignty by money than rules and principles; “creating parallel routes of goods sometimes, organized criminal groups distribution, aiming at violating seek to replace genuine political national frontiers” [5]. Susan Strange representation providing their own argues that the current international candidates and electors [15]. Criminal system suffers crucial transformations organizations can take part (illegally) that lead to an excess of power in in the development of the political world politics in favor of the non- process penetrating the executive and state actors that have the tendency legislative structures by corruption to govern the world [3]. As Strange and blackmail, weakening thus their argues, against this background, legitimacy. The final effect can be the states lose their power (which is destruction of political institutions to be understood in terms of the and of the governing system; distribution of capabilities) in favor - organized crime can bring of markets, sometimes illegal ones. serious prejudices to the affected Strange also points out that criminal societies when it interferes with the groups challenge the power and the values and norms that contribute to sovereignty of the states. The result citizens’ understanding of political is a kind of “existential symbiosis activity. By distorting the line between the state and the non-state that cuts off the legal sphere from criminal groups” [5] and governments the illegal one, organized crime get accustomed with the eroding of changes the perceptions and the the political framework, accepting the understanding of the public opinion, cohabitation with criminal groups. generating alternative loyalties Thus, organized crime transforms to state institution, with negative itself, in the writer’s opinion, from an effects upon the overall way society amount of illegal criminal economic functions [5]; activities in semi-legal enterprises - it has an impact on political with different covers, frequently institution functions through the supported by governmental or local influence it can exercise on the officials. In other words, between executive, legislative and juridical organized crime, legal business and decision making-factors. Its influence state authorities mutual relationships upon these fundamental links of the are established. states provide criminal organized According to the 2015 U.S. groups two important advantages: National Security Strategy, rapid pace on the one hand, these tend to create of change provided new possibilities their own system outside state justice, and on the other hand it tries to use b) in the social field it generates state infrastructure and institutions high costs with the treatment of those for their own benefits; depending on drugs consumption, - the criminal groups can resort with the social reintegration of those to manipulating the electoral process, who have been the object of human providing their own candidates, to being traffic [17]. The costs also whom they provide large amounts of include economic productivity loss of money and compromising information such individuals. on their political enemies. Even when c) in the economic and financial they support the candidate required by fields: the public, they make it in exchange - criminal organizations penetrate of the help given by that candidate state authorities and, implicitly, the furthermore (after he is elected). legal business. Concerning this aspect, The economic power of criminal two distinct points of view have organized groups, that gradually taken shape. The first point of view, becomes also political power, extends which we can consider optimistic, so much that they can sometimes argues that, in spite of this risk that subordinate the political parties or is frequently invoked in the specific can create their own political parties literature, there is not enough proof [16] in order to obtain an increased regarding criminal groups’ infiltration degree of influence over the political scale. For this reason, the supporters decisions in a state. When the result of of this opinion consider that the risk the political elections is uncertain, as it represents an exaggeration. The other happened in many countries in the last point of view, that we may name it years, even the control exercised over pessimistic, considers that the lack of a small party can be effective in the sufficient proof should not constitute play of the political alliances and can an argument in the sense of reducing have profound social consequences the threat level, because a range of over citizens’ life; transnational crime can be carried - when they get involved in mass- out without a significant level of media, organized criminal groups penetration or corruption of state can manipulate and even instigate structures. The obviation of the law the populations (by selecting the is often more facile to realize than disseminated information flow), corruption of governments. Moreover, hijacking its attention from the real a range of services provided by the problems in society; legal firms can be used by criminals - criminalgroupscanuseintimidation without these companies being aware and blackmail in order to eliminate of that; those that oppose to the promotion of - it generates additional costs for the illegitimate interests (be they state the economic activity, because of officials, union leaders, etc.); the use of violence and eroding the - when it infiltrates state legitimacy of the political regime. institutions, organized crime can The costs required to solve the block the implementation of conflicting interests between the public policies, by intimidation, criminal groups and legitimate state corruption and blackmail. institutions hinder the penetration and maintenance of legitimate invest their money on the short term, participants to economic life on seeking the immediate profit, with an the market. In these circumstances, impact on the long term economic the investments in the capital are development. A weakened state that discouraged and create the premise is vulnerable as far as the guarantee for the massive outflows of the capital of contracts execution is concerned from the affected country; provides organized crime new - it generates disturbances in opportunities to fill a more extended the financial system of the affected economic and social space and directs countries. The existence of the off- economy, and society, in general, shore banking system, for instance, towards personalized structures, to has eroded not only the capacity of the detriment of public interest. The the states to resist to the speculative flexibility and the dynamism of the attacks against their national new transnational organized crime currencies, but it also facilitated the groups provide them a comparative money laundering operations. The advantage towards the bureaucratic financial stock markets, that are more and complex state structures in their and more internationalized, make it fight for economic and political more difficult to track the so-called control in society; “hot money”, being permanently in - the illegal character of organized search of speculative investments. crime activities leads usually to less This risk is more acute in the new productive investments in economy economies in transition, where new [19]. The known cases reveal that financial markets have developed, but the extension of organized crime where the regulating bodies cannot often occurs by acquisitions in the keep the pace with these changes. real estate field and by exercising The result of these effects consists a degree of control over banks and in less impersonal distribution financial companies. The productive processes, more inequitable and of investments realized by criminal structural dysfunctions in economy, groups, when they exist, are made with negative effects upon citizens’ in order to launder money and not to life and the stability of the domestic generate economic growth or long political system; term social and economic benefits. - it discourages free participation These investments are directed of the citizens and of the companies towards markets that generate a on the market as business entities, small added value. The strong distorting market functioning, and and consistent demand on behalf may endanger firms’ investments and of organized crime contributes to citizens’ personal economies; an increase in the prices of real - it undermines the role of estate goods, with further negative the state, by seriously impacting consequences on citizens’ life and its effectiveness [18]. Under the public policies; pressure of organized crime, the - the criminal organizations stability and predictability provided threaten, firstly, the financial sector naturally by the state disappear. As of the state, to the extent that they such, capital owners will tend to promote the financial institutions that operate without qualm and thus an issue of hard security. Organized erode the functions of legitimate crime influences the intensity, the state institutions through complex dynamics and the duration of armed mechanisms of money laundering, conflicts, by providing armaments that finally can undermine citizens’ and ammunitions to the combatants. trust in these institutions. At the same The Kosovo conflict, for instance, has time, the volatility of the capital, as a been prolonged due to the fact that result of the latter being in the hands Western Europe Kosovo diaspora of criminal groups, destabilizes financed the guerrillas of the Kosovo banks and financial markets and that Army for Liberation. Similarly, the may lead to profound economic and Iraqi insurgency has been fueled social crises. for a long time with armaments The combined effects of organized from the neighboring countries crime in the economic field are (including with stealth cars that were inflation, inequitable distribution of further transformed into vehicle- income, obviation of free markets and born improvised explosive devices). economic regulations [20]. All these Also, a large part of the African have as a result a short term approach conflicts are fueled with arms from of investments, which is counter- different countries, interested less in productive from the perspective of the consequences of these conflicts the economic-social development of upon the countries affected and more a society. in gaining consistent profits from Organized crime has the selling these arms. capacity to provoke major economic The possibility of terrorist groups disequilibria and long periods of to get access to the WMD materials economic recession, seriously through global drug trafficking affecting international competitivity routes represent a threat that cannot in the current increasing globalized be neglected nowadays, as it is framework. In countries with highlighted in the May 2015 issue economies strongly dependent on of Dabiq, the English language ISIL the productive system of a criminal periodical, that suggest the possibility nature, any attempt to eradicate it and of ISIL to move such materials into to come back to a market led by the the U.S. via Libya, Nigeria, South efficiency principle risks to provoke America and Mexico [21]. economic recession and strong social reactions. That makes it more difficult 6. CONNECTIONS BETWEEN to combat criminal organizations, ORGANIZED CRIME AND especially because the last ones have TERRORISM seldom an explicit antisocial and antidemocratic program. In the last years, the threat coming d) in the military field. from organized crime has also been The involvement of criminal increased by the connections, some of organizations in military conflicts, them proved, others only presumed, especially in areas where the control between organized criminal groups over territory and institutions is weak, and terrorist organizations. These makes transnational organized crime ideas are based on several convergent elements existent between the two - on the other hand, terrorism categories of groups: has a political motivation. Terrorist - terrorist organizations carry out organizations seek to destroy states some activities which are specific or to radically change the political to criminal groups, in order to regime in a country. finance their terrorist activities [22]. - criminal groups want to remain Moreover, terrorist organizations in the shadow, while terrorists seek have inspired themselves from the to be as visible as possible. working methods of criminal groups. Currently, a radicalized trend Thus, the terrorists in Iraq, or the can be noticed among the traffickers Talibans in Afghanistan or Pakistan, operating in Western states against the gain large amounts of money from background of an increasing social kidnappings, money swindling or polarization at international level, drugs trafficking - activities specific marginalization of immigrants from to organized crime. It is worth this geographic space and increasing mentioning that, currently, frauds of feelings of frustration, as a result of the current inequitable redistribution any kind, together with drugs and of resources around the globe. If persons trafficking, represent an concretized, the phenomenon will industry in which extremism adepts have the effect of strengthening the in Western Europe are more and actionable capacity of terrorist groups. more involved; - organized crime groups 7. CONCLUSIONS use tactics specific to terrorist organizations (violence) in order to Through the dimensions that shape the environment in which they it has gained, organized crime has operate, to make it more productive become a transnational phenomenon for their own goals; and a threat to global security. The - the existence of some hybrid challenge raised by organized crime, groups (an example is the Columbian latent for a long time, tends to become Revolutionary Army Forces - an a major danger for the political, social insurgent organization that operates and economic stability of states. The in Columbia and carries out extended current stage of organized crime operations of drugs cultivation, has evolved in parallel with and has production and trafficking). been facilitated by new frameworks However, despite these clear in which international trade has similarities, there is a range of been carried out, as well as by the important differences between the revolutions in communications and transportation. The extended access two kinds of groups that make their of new technologies, the diminishing long term cooperation unlikely: barriers in human mobility and - organized crime has an financial resources allow criminal economic motivation. As such, it groups to challenge states’ stability focuses its activities on gaining and undermine the democracy in material advantages. In this respect, many areas of the globe, especially criminal groups seek to weaken, but in the weak states and where pluralist not to destroy state institutions. regimes are not consolidated. Given the transnational nature of be persons or even groups, organized this phenomenon, states are constrained more or less hierarchically, that will try to forge international cooperation to provide those goods and services. relations in order to provide an From the perspective of the criminal effective response to this flagellum. groups, organized crime represents The effectiveness of countering the most common opportunity of measures depends essentially on two making businesses, a choice from aspects: the understanding of the many possibilities, that permits phenomenon and the integration of gaining a large profit in a short time. national responses within an effective Illicit markets function because their international strategy. clients are not morally injured by the Currently, two different patterns effects of their gestures. Therefore, the of analysis of transnational organized strategies of annihilating organized crime have taken shape: one focuses criminal groups have to be joined by on the criminal groups operating in interventionist measures concerning different fields of human activity. The the illicit goods markets in order to studies corresponding to this pattern effectively counter the issue. approach the way in which illegal Combating transnational activities develop and the entities organized crime has to be regarded involved in these activities. The as an extended project that should other pattern of analysis focuses on be linked to global governance. An the illicit markets. None of these two argument in this sense is the fact approaches do reflect the problem in that, regardless of whether they are its complexity because they do not generated by the demand side (that is grasp all the interactions between the by the markets) or by the supply (that relevant elements. is by criminal groups), transnational Up to the moment, the first organized flows are, mainly, approach benefited from an transcontinental (the majority of these increased attention on behalf of flows are initiated on one continent and researchers. However, this approach commercializing on other continent, is not an effective one because it is after the transit of a third continent). rather reactive than pro-active. The In these conditions, what occurs in one annihilation of the current organized region of the globe produces effects crime groups does not eliminate the in others region, sometimes situated risk for other groups to replace the a large distances. As such, only an current ones, as long as there is a intervention of a similar scale as the demand for illicit goods. As a UN issue is – namely a global one - can report on the issue has showed [12], produce the desired effects. the majority of the goods and illicit The effectiveness of the current services flows are firstly the result combating measures of the flagellum of market forces and less the result has been affected also by the speed of the activity of criminal groups. with which a range of processes have When the states refuse goods and occurred at the global level. More services for which there is a strong often than not, the speed of these and constant demand from a part of processes exceeded the reaction their population, there will always and intervention capacity of states and international institutions in Transnational_Organized_Crime.pdf, last the regulation of these processes. retrieved 14th February 2016. 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Constellations Volume 15 issue 4 2008 [doi 10.1111%2Fj.1467-8675.2008.00510.x] Jürgen Habermas -- The Constitutionalization of International Law and the Legitimation Problems of a Constitution for Wor.pdf