Transnational Phenomenon Research Articles

Whither judicial dialogue after convergence? Finding transnational public law in nomos-building

Abstract One of the major themes emerging from the reinvigorated interest in legal comparativism in the burgeoning transnational legal phenomena is the transnational dialogue among judiciaries the world over, namely, the mutual referencing to judicial decisions across jurisdictional boundaries. This article aims to rethink the role of transnational judicial dialogue in the development of transnational public law by drawing upon Robert Cover’s discussion of the relationship between nomos and narratives. It is argued that the convergent legal doctrines and principles channeled through transnational judicial dialogue are “jurispathic” as they only generate “thin” transnational values with little power of persuasion. To contribute to the thriving of transnational public law, judicial dialogue should look beyond comparative constitutional jurisprudence, shifting the focus away from the convergence of constitutional doctrines to the building of a transnational nomos. By moving from the mutual learning of doctrines to the comparative articulation of nomos-making narratives—the way a specific doctrine or a legal principle is understood and gains its meaning in its legal culture—in transnational judicial dialogue, comparative constitutional law can enable a robust transnational public law enriched with meanings, which hold the key to persuasion.

International legal regulation of transnational cybercrime in cyberspace

The article considers the international legal regulation of combating cybercrime, which is considered as a transnational phenomenon. In the group of transnational crimes, along with drug trafficking, terrorist acts, money laundering, illegal import of migrants, human trafficking, firearms trafficking, counterfeiting, etc., cybercrimes play an important role in terms of public harm, unprecedented and rapid growth. The mechanisms and directions of the fight against cybercrime developed by international criminal law are studied, among which the international legal regulation is of fundamental importance, and difficulties in defining the concepts of "cybercrime" and "computer crimes" are noted. The classification of types of cybercrimes is given and their most characteristic features are revealed.
 The author analyzes the international normative documents that form the legal basis for regulating relations in the field of international cybercrime, among which the most prominent are conventions, including the UN Convention against Transnational Organized Crime of November 15, 2000, the Council of Europe Convention on Cybercrime of November 23, 2001 and Additional Protocol to it of January 28, 2003. The obligations of states to criminalize cybercrime in national legislation are analyzed, the types of illegal actions related to cybercrime are considered, in particular the main four groups of crimes classified in the 2001 Cybercrime Convention by Gender object and on specific grounds of the object of encroachment: 1) crimes against confidentiality, integrity and availability of computer data and systems; 2) offenses related to the use of computer tools; 3) offenses related to the content of data; 4) offenses related to infringement of copyright and compatible rights, as well as additional types of liability and sanctions (attempt, complicity). The Protocol to the 2003 Cybercrime Convention expands this range of crimes and contains obligations to criminalize the following acts: distribution of racist and xenophobic material through computer systems. The limitation of the 2001 Convention on Cybercrime, adopted by the Council of Europe, and the need to adopt a universal instrument that would significantly increase the fight against cybercrime are noted.

Shooting Over the Curtain—A Transnational Analysis of Soviet Hockey in the 1950s and 1960s

This article analyzes Soviet hockey as a transnational phenomenon by underlining three international events that marked milestones in the domestication of hockey in the country and in the Sovietization of international hockey. Focusing on the period of the massification of the sport in the Union of Soviet Socialist Republics (USSR), from the end of the 1940s to the end of the 1960s, it interprets the appropriation and transformation of a Canadian sport in the Soviet reality through the analytical tools of cultural translation and hybridization. It is this period of great cultural and social transformation, first in the xenophobic context of the anti-cosmopolitan campaign that took place during late Stalinism, and later in the internationalist enthusiasm that characterized Khrushchev’s Thaw, that ice hockey has been sovietized. That process neccessitated the translation of a foreign cultural object in Soviet languages and semiotic tools. Meanwhile, international hockey itself underwent a profound hybridization process to which the Soviets greatly contributed.

Drilling Down in Norm Diffusion: Norm Domestication, “Glocal” Power, and Community-Based Organizations in Global Health

ABSTRACTNorm diffusion scholarship analyzes how states come to agree and adopt new international norms. Yet, formal adoption of a new norm does not in itself guarantee that a government will also implement it domestically, and very little international relations scholarship drills down deep enough to examine whether and how new international norms are subsequently integrated, incorporated, and translated at sub-state level. This article initiates a research agenda on norm “domestication” through the first in-depth study of how international norms in the field of global health are locally incorporated by community-based organizations (CBOs). Drawing upon multi-sited international fieldwork in Uganda, Ukraine, and El Salvador, the paper uncovers three norm domestication strategies used by CBOs of people affected by HIV/AIDS: harnessing political divisions within national governments, circumventing government policy with international help, and mounting legal challenges to government policy. The article argues that these CBO strategies represent “glocal” forms of power capable of forging local–global connections through combined practices of norm allying, norm implementation, and norm intertwining. These subtler processes of norm domestication, the article concludes, ultimately require a reconceptualization of norm diffusion not just as a transnational phenomenon, but as a “multi-local” process during which norms are concurrently localized across diverse geographic locales.

Security and Intelligence Challenges in Guinea-Bissau, Africa’s Narco-State and Issues Beyond Borders

This paper focuses on the international security concerns in relation to the disquiets in the tiny West African state, Guinea-Bissau since independence. The country famously known as “narco-state” faces formidable challenges with weak governance negatively impacting on intelligence services. Intelligence and security reform is a building block of democracy, but this has been habitually weakened in Guinea-Bissau during the last four decades. The state remains one of the most fragile nations in the world having had its security culture totally perturbed, occasioned by the military rule since independence from Portugal in 1974. With over nine coup d’états that have been staged with a number of state administrations toppled coupled with an avalanche of internal conflicts, and prevalence of transnational phenomena (cocaine trafficking), and other traditional state-based challenges, the African narco-state has been left with a very weak governance structure, security, and intelligence services. The study examines Guinea-Bissau’s intelligence culture drawing from secondary sources to understand how intelligence has been shaped and how intelligence has influenced the country in the context of poverty and authoritarianism. The study examines the various factors that have shaped the state’s intelligence, analyzing the transformation and reform in the state’s defense and security sector. It provides recommendations so the Bissau-Guinean intelligence community can be more effective. This study uses secondary sources and makes use of descriptive and content analyses techniques.

Los inicios transnacionales de los derechos de la infancia (primer tercio del siglo XX)

The international recognition of children’s rights began in 1924 within the framework of the League of Nations, with the so-called Geneva Declaration. The aim of this article is to analyse the root causes that made this declaration possible, focusing on a set of international conferences that addressed the topic of child protection, as well as on the charters and declarations on the rights of the child and on the Geneva Declaration itself, which we analyse using content analysis. The main sources are three lesser-known documents: the Moscow Declaration, the Korczak Declaration, and a publication in which children drew pictures to illustrate their understanding of their rights. The primary conclusion is that at the beginning of the 20th century these activities and meetings, in addition to the texts defending children’s rights, and national protection policies and institutions, contributed to international recognition of the rights of children and adolescents, which, until that moment, had been only vaguely defined and lacked a solid legal framework. In this sense, there was a transnational phenomenon that moved from protecting children to recognising their rights, which were enshrined in the subsequent international treaties published throughout the 20th century, culminating in the 1989 Convention on the Rights of the Child.

Репатриация черкесов как ресурс политической мобилизации: транснациональный подход

The article is devoted to the issue of Circassian repatriation, considered as a resource for the Circassian nation-building. The authors analyze one of the newest approaches to repatriation, which defines it as transnational phenomenon. Through immersion in the history of Circassian repatriation and analysis of the main actors of this process, the authors identify prerequisites for the formation of the transnational approach to repatriation and reveal its essential characteristics and key actors. The transnational approach to repatriation does not mean resettlement to the homeland for permanent residence with a complete breakdown of ties with the diaspora, but the continuation of relations with both the historical homeland and the diaspora. The main point for authors is the concept of transnation which stands behind transnational repatriation. The authors come to the conclusion that the key obstacle standing in the way of the Circassian national movement towards the creation of a nation is the multiplicity of competing national projects proposing to continue nation-building on the basis of either Soviet nationalities, or Adyghe unity, or Adyghe-Abkhazian brotherhood, or an all-Caucasian unity.In these conditions, the fragmentation and multidirectional aspirations of potential members of the nation in the Caucasus and in the diaspora can be eliminated precisely with the help of the concept of transnation. The transnational concept of repatriation helps to strengthen this understanding of the Circassian nation and, with the successful development of the policy and practice of such repatriation, can lead to the desired national unification. However, there are serious obstacles to implementing the policy of transnational repatriation. The authors conclude that despite the attractiveness of the transnational approach to repatriation for the diaspora actors, given its potential as a resource for uniting the Circassian national movement, the possibilities of its application in the current conditions are still limited.

The networked character of migration and transnationalism

AbstractAcknowledgement of the prominent role of social networks in migration studies marked a significant departure from earlier studies, suggesting that social networks determine migration decisions, trajectories, and outcomes. While social network analytical tools have not always been used in empirical investigations of migratory phenomena, studies on migration that use relational approaches also show an inherent network thinking. In this paper, we review the state of the art of the literature on migration and social networks, highlighting the advances made by empirical research using network thinking, particularly in different stages of migration and for operationalizing transnational phenomena related to migration. Based on this review, we detect the role of networks in different stages of migration, and we reflect on the remaining challenges for future research regarding the role of social networks within migration scholarship.

The Joker city, or the mysteries and miseries of Gotham

ABSTRACT The city mysteries were a nineteenth-century bestselling transnational literary phenomenon that combined radical politics and sensational fiction, adapting historical events along with devices from already existing popular narratives. Born as answers to the new megalopolis, these mysteries were supposed to work as calls to political action by exposing the vices, crimes, and corruption of the city’s wealthy elites, in contrast to the miserable conditions of honest, victimized workers and middle‐class families. However, the ideological coherence of city mysteries was often compromised by their voyeuristic emphasis on the most sensational and lurid aspects of the same social evils they aimed to eradicate in the first place. This article is built upon the hypothesis that, in a very different context, Joker (2019) has filtered staples of the city‐mystery genre through the aesthetics of contemporary popular culture, in order to produce a politically mystifying but unequivocally provocative film.

Jane Gordon and the Creolization of Political Theory—a Gendered Reasoning

This essay illuminates and expands upon Gordon’s pathbreaking understanding of creolization as a normatively and geographically fluid process. I begin by highlighting Gordon’s understanding of “progressive” creolization as that which occurs when marginalized groups syncretize distinct, sometimes antagonistic, practices and representations in ways that foster anti-colonial resistance. I use the remainder of the essay to detail how my own research, on self-defined black ladies in Jamaica and the United States, builds upon Gordon’s crucial insight that some forms of creolization are better than others. I do so by demonstrating that gendered hierarchies of power inform how and why creolization is a simultaneously local and transnational phenomenon that engenders anti-racist as well as patriarchal politics.

Signos vitales. Procreación e imagen en la narrativa áurea by Enrique García Santo-Tomás

Reviewed by: Signos vitales. Procreación e imagen en la narrativa áurea by Enrique García Santo-Tomás Xabier Granja Ibarreche García Santo-Tomás, Enrique. Signos vitales. Procreación e imagen en la narrativa áurea. Iberoamericana–Vervuert, 2020. 364 pp. ISBN: 978-3-96869-077-3. This monograph explores representations of childbirth and medical practices such as delivery, midwifery, and breastfeeding through the lens of social and literary codes in Spanish early modernity. Enrique García Santo-Tomás engages with scientific discourses framed by medieval and Renaissance expectations of comportment, [End Page 214] the honor code, as well as life and death. The book is structured around three sections that connect the figure of the midwife and changing gendered practices in the medical field throughout Spain's history. Specifically, regarding obstetrics, this volume explores the staging of birth in theatrical plays, as well as representations of midwives, nascency, breast milk, and gender dynamics in literary works by Miguel de Cervantes, Alonso Jerónimo de Salas Barbadillo, and Francisco Santos. The first section, "Contextos (1500–1586)", follows a historical thread about how the traditionally female dominated field of obstetrics gradually shifted towards men's control. Fueled by commonplace suspicions regarding women's sexual weaknesses and potential corruption by witchery, increasingly complex medical jargon arose to limit communication to male medical professionals. This slowly displaced women, who commonly lacked academic education, from the obstetric practices they had hitherto been performing. García Santo-Tomás connects this shift with discourses about the powers imbued in mothers' milk, the Council of Trent's prohibitions on nudity that affected artistic representations of lactating mothers, and considerations of societal status and the ideas of honor (and dishonor) they entailed. This gendered division pushed the Spanish crown to require midwifes to obtain licenses, which were issued by male doctors, thus further aggravating misogynistic interactions between these men and women. This contextual opening leads to García Santo-Tomás's interpretation of a reciprocal infusion between medicine and theology where "la teología se 'medicalizó' al tiempo que la medicina se teologizó" (81); as well as of the inquisitorial repression faced by the increasing number of medical manuals. The nation, as argued in this volume, progressed towards definitive regulations that were royally decreed in 1750 by Ferdinand VI and embodied a flourishing intersection between political ideals and biological discourses. The second section, "Intervenciones (1580–1670)", is centered around connections between eroticism and medical care, especially as they pertain to theatrical representations. García Santo-Tomás explores the potential erotic approaches to Renaissance treatises on anatomy, which by necessity often covered the bodily needs of a woman in labor. Paired with the mystery surrounding fertility and women's connections to witchery, the fascination with reproductive acts gave way to a conception of midwives as a feminine counter ideal within a complex relationship involving theatricality, sexuality and medicine. Men's curiosity regarding childbirth, viewed at times as a form of invasive contemplation, also lead to the rise of a "metáfora del embarazo masculino" (160), which served authors to present their works as a form of literary parturition made possible by intellectual conception. This section also explores incest as a crime and sin, returning to the Council of Trent to contextualize the norms that specified, among other details, degrees of tolerance in marriages between cousins. García SantoTomás examines representations of incest through their coeval early modern perception as a lower rank offense, similar to adultery and estupro in gravity but not as damnable as sodomy or bestiality. After engaging in this discussion through the lens of endogamy, the author closes this segment by evaluating the usefulness of transgression and taboos as vehicles to both reflect on social forms and ignite narrative drives. The third section, "Imágenes (1613–1698)", analyzes three specific works in detail: Cervantes's La señora Cornelia, Salas Barbadillo's Don Diego de noche, and Santos's [End Page 215] La tarasca de parto en el mesón del infierno. García Santo-Tomás approaches Cervantes's novela ejemplar through the transformative potential of maternity as a novelization of medical care as a transnational phenomenon (227...

From Madwomen to Whistleblowers: MeToo in South Korea as an Institutional Critique

From Madwomen to Whistleblowers:MeToo in South Korea as an Institutional Critique Hae Yeon Choo (bio) MeToo and its Global Travels: Challenging the False Universality of the United States What does it mean when we say, "Me Too?" Consisting of only two words, this statement, along with the movement based on it, has become a transnational phenomenon, providing a way to reveal and speak out against sexual and gender-based violence. Crossing the national borders of the United States, the form that MeToo has taken and what it has come to signify have diverged further, depending on local and national contexts. In some places, MeToo has emerged as a campaign against sexual harassment in the workplace, while in others, it has become a call for women's autonomy and the free expression of sexuality. While the dominant means of transmission for MeToo has undoubtedly been social media, mainstream media such as television, and even sticky notes (Kim 2021) played an important role in its spread as well. What enabled such heterogeneity in the way that MeToo traversed national borders is its ambiguity and openness. As a colloquial and mundane expression, MeToo simply states that the speaker affirms the listener based on a shared experience, without specifying what the experience is or on what basis the affirmation is taking place. When Alyssa Milano on Twitter in 2017 called on women collectively to share their experiences of being "sexually harassed or assaulted," it enabled many women to share a broad range of experiences of victimization. Yet, in the context of Hollywood actresses speaking out against Harvey Weinstein, MeToo in the United States has since been narrowly interpreted in the workplace as well as public naming of abusers. This is a different version of MeToo from the one initiated by Tarana Burke, for whom the utterance of [End Page 256] MeToo was an affirmation of a shared experience of sexual victimhood, particularly among marginalized women of color (Burke and Adetiba 2018). As such, the polyvocality within MeToo is salient in that it can operate simultaneously in multiple senses. In one sense it is a call to solidarity for women victims, placing it within the legacy of radical feminism. In the other, it is a means of affirmation and solidarity among women of color deriving from intersectional feminism, even within the national borders of the United States. This opens up the analytic and political possibilities of MeToo, which reveal the social and cultural conditions of its travels. While acknowledging the significance of the momentum that MeToo brings to feminist mobilizations, feminist scholars have engaged in a cautionary critique, which identifies MeToo's limitations as arising from centering white women's pain (Tambe 2018), an inability to address workplace abuse as a structural issue along with class politics (Berg 2020), and a narrow focus on individual perpetrators rather than the social relations of power and systemic change (Gill and Orgad 2019). Often, these discussions are framed and understood as a universal discourse on MeToo despite their limited empirical basis to the case of the United States and to a lesser extent Europe, without considering how MeToo took place in most parts of the world in heterogenous ways. A critical yet nuanced discussion of MeToo, which examines its significance and limitations, needs to challenge the false presumption of universality based on a few national cases. Such a discussion should instead seriously consider how MeToo has been shaped in the social and political contexts of its global travels, where gender is situated in different entanglements with race, class, and other structures of inequality. In this article, I draw on the case of South Korea, where MeToo has come to signify women's collective attempts to speak out publicly against sexual violence as a systemic abuse of power and authority. Articulations of MeToo in South Korea thus run counter to its dominant form in the US case since it goes beyond individual perpetrators to instead address structures of power within social institutions that enable such abuse. I delve into the tension over how to translate the English expression "MeToo" into Korean, as a contested site where feminists reckoned with the polyvocality of MeToo in order to situate it...

Cumplicidade e impunidade: uma análise pós-colonial do envolvimento do setor bancário na corrupção transnacional

Esta pesquisa aborda a corrupção, reconhecendo a importância das redes transnacionais informais na perpetuação da corrupção. O objetivo geral é compreender, sob a lente pós-colonial, como a corrupção se constitui um fenômeno transnacional. Realizamos uma pesquisa qualitativa, com a análise de documentos sobre casos de corrupção envolvendo um grande banco internacional: o HSBC Holdings Plc. O material empírico foi extraído da organização International Consortium of Investigative Journalists (ICIJ) e do jornal britânico The Guardian, sendo submetido à análise temática. O mapa temático final destaca dois temas que desvelam as relações coloniais: a cumplicidade dos agentes do sistema financeiro com os infratores e a impunidade do colonizador com esses mesmos agentes. Os resultados apontam para um padrão histórico de leniência e conivência do banco com criminosos, com diversos processos acusatórios encerrados com acordos, resumidos às multas que, por maiores que fossem em relação às práticas da justiça até então, não representavam sanções que inibissem as eventuais reincidências.

What can the African diaspora contribute to innovation and knowledge creation? The case study of Zimbabwean innovators

The importance of diaspora and transnational knowledge production, innovation, and development is of growing interest, particularly in the developing world. The phenomenal increase in high human capital migration from poor to rich countries has historically led to what is commonly known as brain drain, which has negatively impacted the capacity of such countries to innovate. Yet more recently the emergence of the phenomenon of transnationalism has demonstrated the potential to transform brain drain into brain circulation, for the mutual benefit of both sending and receiving contexts. This article uses the case of Zimbabwe to explore the role of diasporan professionals, scholars, and entrepreneurs in contributing to knowledge production, innovation, and development initiatives in their countries of origin. Zimbabwe is an example of many African countries that have experienced substantial attrition of highly qualified knowledge workers for various reasons. A qualitative approach, involving interviews and documentary evidence, enabled the researchers to engage with the Zimbabwean diaspora to capture their narratives regarding the challenges and opportunities, which were then used to develop successful transnational knowledge production initiatives.

Introduction: Rethinking the American Renaissance

ABSTRACTThis introduction to the special collection begins with a historiographical overview of the American Renaissance. Here we will see how both popular perception and academic study of the subject have been affected by wider forces, including the advent of modernism, the emergence of the preservation movement and the increased attention given to social inequalities in public discourse today. This is the context in which the articles in the collection are situated and introduced. The final section considers aspects of the subject requiring further work, in particular the American Renaissance as a transnational phenomenon linked to the notion of the ‘Angloworld’.

Political Geographies of Islamophobia: Chinese Ethno-Religious Racism and Structural Violence in East Turkestan

This article outlines the ways in which Islamophobia, as a growing transnational phenomenon, embraces and engenders structural violence against Muslims in the context of China. How have expressions of anti-Muslim racism become part and parcel of anti-terror strategies in the context of the Global War on Terror (GWOT)? And in what ways has Islamophobia been increasingly embedded within the context of the everyday, especially with regards to exclusionary policies? This paper examines this contemporary issue with attention to historical processes, while remaining cognizant of broader global trends of increasingly accepted religious persecution and racism. In a post-9/11 hyper-securitized world, the Uyghurs' religious Muslim identity became the target of the government's campaign against terrorism. With anti-terror policies so loosely defined, Islam—often synonymous with terrorism and difference—and those who visibly practice it became convenient marks of increased surveillance, suppression, detention, and even torture/death, all officially under the guise of the elusive war on terror and for the purpose of state security. In China, Islamophobia has effectively been state-sanctioned, legislated, and securitized.

Transnational lives on the move: Looking beyond binational sedentarism

AbstractTransnationalism and the mobilities paradigm are important theoretical contributions to have emerged during the last three decades in social sciences. However, they have not been meaningfully integrated within migration studies. Rather, analysis of transnational phenomena has focused on two distinct places (country, society, city etc.); back and forth movement between them; and the flows that create the social fields that link them. This article attempts to disrupt that binational/bilocal view by understanding transnational lives as part of a continuous yet fragmented mobility. It does so through an ethnography conducted in 2016 of refugees at a camp at the Port of Piraeus in Athens, Greece, during the so‐called European refugee crisis. The findings show that although spatially stranded in Greece, the refugees maintained dreams of getting farther into Europe while relying on, and being aided by, information and communication technology. Theirs were transnational lives not between just two places but on the move.

Decolonising the Hajj: Nationalist Politics and Pilgrimage Administration the British Empire in the Mid-twentieth Century

ABSTRACT This article argues that viewing the hajj through the lens of decolonisation allows us to see the complexity and conflicts that went into transforming the global pilgrimage to Mecca from a set of rules and processes governed by empires to one governed by independent nation-states. It examines the effects of nationalism and decolonisation on the hajj through three case studies involving different parts of the British Empire at different times between 1937 and 1963. The examination of the sacking of the Indian Vice Consul as a result of Saudi intrigues in 1937 demonstrates nationalist efforts by the Saudis to contest British imperial control of hajj affairs. The efforts of Malaya's Pilgrimage Advisory Committee in the 1950s illustrates nationalist efforts to integrate the pilgrimage with national development goals in ways that presaged the later development of Tabung Haji. Finally, nationalist politics and decolonisation processes in Nigeria and Sudan resulted in the effective closure of the overland route across the savannahs to the Red Sea by which most West African pilgrims had travelled to Mecca since medieval times. Taken together, these cases demonstrate a diversity of ways that nationalist politics and decolonisation processes had transformative impacts on hajj administration, reflecting shifting global power dynamics and significantly altering the pilgrimage experience for millions of hajis up to the present day. The analysis invites greater historicization of the ways that nationalisms and decolonisation have simultaneously reshaped and reinforced transnational and global phenomena.

The homogenizing and diversifying effects of migration policy in the internationalization of higher education

Amid internationalizing shifts in higher education, universities around the world are simultaneously becoming more integrated and more disparate. This paper examines the role of immigration policy in producing convergent and divergent educational attainment among international and domestic students at Indian and US universities and shows that student and work visas influence international students’ decisions about where to study, what to study, and how much education to pursue. Using original data sources and a transnational data collection strategy, this study develops new approaches to measuring international student mobility and offers a window into transnational phenomena not easily observable in other datasets. An analysis of 7177 education histories and 105 in-depth interviews with international students, university administrators, and immigration lawyers shows that migration policy contributes to the growth of international student enrollment and multinational educations but also creates asymmetrical student flows and funnels international students into certain fields of study. The results of this study indicate that migration policies simultaneously contribute to integration and differentiation between the US and Indian university systems. The findings show that immigration policies play an important role in regulating the flow and nature of international student migration streams and lead to simultaneous convergence and divergence in the educational attainment and field of study between Indian international students enrolled in US universities and their domestically educated peers in India. Through an empirical case, this paper develops a conceptual bridge between two dominant frameworks on internationalization and theorizes the central role of migration policy in shaping processes of higher education internationalization.

الإجراءات القانونیة لمکافحة الفساد الدولی فی ضوء قواعد القانون الدولی

الفساد ظاهرة عالمية عابرة للحدود الدولية ليست وليدة اليوم بل هي قديمة قدم المجتمع غزت دول العالم أجمع بنسب متفاوته واصبح الفساد تحديا يواجه الدول في المجالات السياسية والاقتصادية والاجتماعية ويهدد الديمقراطية وسيادة القانون والتنمية المستدامة کما اصبح تهديدا للأمن العالمي في المجتمع الدولي حتى أصبح الآن يشکل تهديدا واضحا على أمن واستقرار المجتمعات البشرية. ويعتبر الفساد هو السبب الرئيسي في فشل الحکومات لأنه يضعف النظم السياسية ويشوه الاسواق ويشجع على استخدام الطاقات والمهارات بطرق غير منتجه الامر الذي أصبح معه يشکل الفساد جريمة دولية يجب التصدي لها على النطاق الداخلى للدول وکذلک على المستوى الدولى بطريق التکاتف والتعاون فيما بين الدول وبعضها البعض. فقد توافق اعضاء المجتمع الدولي على أن الفساد ظاهرة عالمية خطيرة يجب مکافحتها والتصدي لها باتباع اجراءات قانونية دولية ومنها تعزيز التعاون الدولي والعمل على زيادة الوعي في مختلف شرائح المجتمع. ونظرا لما ترتب على الفساد کظاهرة دولية من آثار سلبية ما نتج عنه تهديد للسلم والامن الدولى فکان ذلک دافعا للباحث في بحثه حول الاجراءات القانونية لمکافحة الفساد في ضوء قواعد القانون الدولي حيث تناول البحث عدة نقاط هامة: الأولى: کانت حول التعريف بالفساد الدولي واشکاله. والثانية: حول الإجراءات الدولية لمکافحة الفساد. الثالثة: تناولت الجهود الدولية لمکافحة الفساد سواء بطريق المنظمات الدولية او بطريق وضع مواثيق دولية للتصدي لهذه الظاهرة. Legal action to combat international corruption in the light of the rules of international law Corruption is a global transnational phenomenon that is not born today, but is as old as society, which has invaded the nations of the world in varying proportions, and corruption has become a challenge facing States in the political, economic and social spheres, threatening democracy, the rule of law and sustainable development, and has become a threat to global security in the international community, which has now become a clear threat to the security and stability of human societies. Corruption is the main reason for the failure of governments because it weakens political systems, distorts markets and encourages the use of energies and skills in unproductive ways, which has become an international crime that must be addressed on the domestic scale of states as well as at the international level through solidarity and cooperation between countries and each other. Members of the international community have agreed that corruption is a serious global phenomenon that must be combated and addressed by international legal procedures, including strengthening international cooperation and raising awareness in various segments of society. In view of the negative effects of corruption as an international phenomenon, which resulted in a threat to international peace and security, this prompted the researcher to research legal measures to combat corruption in the light of the rules of international law, where the research dealt with several important points, the first was about the definition of international corruption and its forms and the second on international anti-corruption measures. Third, it dealt with international efforts to combat corruption, whether through international organizations or through the development of international conventions to address this phenomenon.