Enforcement refers to lawful penalties

Because international law scholarship uses the term "enforcement" in several ways, defining it is a necessary first step. As used in this Article, "transnational enforcement" refers to the imposition by official actors of lawful penalties on non-state actors such as individuals and corporate entities. The "transnational" component indicates that enforcement is directed at activity that causes cross-border harm.32 The term also includes the process that leads to penalties, such as investigation, arrest, and prosecution. Because states play a predominant role in this kind of [*248] enforcement, and some of its components are considered exclusive sovereign prerogatives, this Article focuses on enforcement by states.33 The definition excludes state-to-state enforcement such as economic sanctions or the use of force, although, as will be discussed later, many of the insights developed here may also apply in that context.34 Finally, the analysis excludes enforcement measures prohibited by international law, such as sending covert agents to a foreign state to abduct a suspected criminal. Outside a few clear prohibitions, international law provides ample latitude for states to engage in transnational enforcement, especially in economic matters.35