The Incompatibility of Global Anti-money Laundering Regimes with Human and Civil Rights PDF Download
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Author: Michele Sciurba
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783848761890
Category : Corruption
Languages : en
Pages : 205
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Book Description
This monograph deals with the progressive derogation of civil and human rights in the fight against money laundering, financing terrorists and tax evasion. The marriage of anti-money laundering (AML) and counterterrorism financing legislation has systematically expanded the scope of the authorities' rights of enforcement and compliance. AML legislation has transformed from a punitive to a preventive system of enforcement that violates the principle of proportionality. This has resulted in a 'catch-all' approach that places citizens under a general blanket of suspicion without initial reasonable grounds. In addition, this monograph proposes ways and mechanisms to effectively address money laundering while maintaining fundamental human rights. It also addresses the symbiotic relationship between money laundering and political corruption based on a current analysis of the fundamental characteristics and types of AML regimes in the US, the EU, Latin America, Africa and Southeast Asia.
Author: Michele Sciurba
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783848761890
Category : Corruption
Languages : en
Pages : 205
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Book Description
This monograph deals with the progressive derogation of civil and human rights in the fight against money laundering, financing terrorists and tax evasion. The marriage of anti-money laundering (AML) and counterterrorism financing legislation has systematically expanded the scope of the authorities' rights of enforcement and compliance. AML legislation has transformed from a punitive to a preventive system of enforcement that violates the principle of proportionality. This has resulted in a 'catch-all' approach that places citizens under a general blanket of suspicion without initial reasonable grounds. In addition, this monograph proposes ways and mechanisms to effectively address money laundering while maintaining fundamental human rights. It also addresses the symbiotic relationship between money laundering and political corruption based on a current analysis of the fundamental characteristics and types of AML regimes in the US, the EU, Latin America, Africa and Southeast Asia.
Author: Michele Sciurba
Publisher: Edition Faust
ISBN: 3945400627
Category : Law
Languages : en
Pages : 139
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Book Description
This monograph offers a comprehensive analysis of the implementation of global anti-money laundering and counter-terrorism financing (AML/CTF) regulations in the United States and the European Union. It provides academics, legal professionals and interested readers with a deep understanding of the developments of the AML/CTF legal framework and guides them into the dimension of its most difficult relation with international and European human rights law. The implementation of global anti-money laundering regulations in the United Stated and the European Union has essentially led to the suspension of laws governing privacy and bank secrecy. Banks and other financial institutions now operate as an extension of law enforcement. The current Anti-Money Laundering regime jeopardises the fundamental achievements of the constitutional state. The increasing centralisation and cooperation of the competent authorities in the exchange of personal data information creates a security architecture that leads to a considerable risk of freedom restriction. In particular, the extension of the authorities ́ power of intervention granting them access to citizens ́ personal data without the need for initial suspicion underlines that a substantial part of the constitutional state is at risk. Furthermore, banks appear to use these policies as an instrument to clear legitimate but less profitable customers, in particular those with a migration background. Consequently, the implementation of the AML/CTF legal framework appears to follow a discriminatory path and clearly discloses incompatibility features with respect to the European Convention on Human Rights and Article 21 of the Charter of Fundamental Human Rights of the European Union. This monograph further explores factors contributing to the inefficiency of AML/CTF regulatory and legislative measures. Such factors are identified in inconsistent rules, which make the cooperation among national investigative authorities within the EU and at an international level more challenging. As a result, this work acknowledges regulatory and legislative harmonisation with respect to AML/CTF regimes as a central tool to successfully improve the effectiveness of AML/CTF regimes, while preserving the individual right to privacy, due process and civil rights.
Author: Avis Whyte
Publisher: University of Westminster Press
ISBN: 1914386418
Category : Law
Languages : en
Pages : 222
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Book Description
In 1965 the UK enacted the Race Relations Act while the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) opened for signature and ratification. In the US, the changes that brought down the walls of segregation, conveying some equality to black people essentially began with the Civil Rights Act of 1964. These ground-breaking instruments marked a commitment—domestically and internationally by the state parties to the ICERD—to address racial injustice and inequality through legal means. Yet, the intervening years reveal the challenges of pursuing racial justice and equality through the medium of law. In recent years, allegations of institutional racism have been levelled against numerous public institutions in the UK, while the rise of populism globally has challenged the ability of law to effect change. This edited collection draws attention to the need to reflect on the persistence of racial inequalities and injustices despite law’s intervention and arguably because of its ‘unconscious’ role in their promotion. It does so from a multiplicity of perspectives ranging from the doctrinal, socio-legal, critical and theoretical, thereby generating different kinds of knowledge about race and law. By exploring contemporary issues in racial justice and equality, contributors examine the role of law—whether domestic or international, hard or soft—in advancing racial equality and justice and consider whether it can effect substantive change.
Author: Lindy Muzila
Publisher:
ISBN: 9780821394540
Category : International law
Languages : en
Pages : 0
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Book Description
Despite broad international recognition of the criminalization of illicit enrichment, it has not been universally accepted as an anti-corruption measure. Instead, criminalization of illicit enrichment continues to generate extensive debate and controversy. Against this background, this volume aims to provide an analysis of how illicit enrichment works, and attempts to shed light on any contributions that it has made to the fight against corruption and the recovery of stolen assets. Rather than delving into the theoretical and academic debates around illicit enrichment, this study focuses primarily on the analysis of current practice, case law, and existing literature to offer a new perspective to the on-going discussions. More specifically, the volume addresses the legal framework upon which the concept of illicit enrichment rests, and the resulting policy implications of that legal framework. It also focuses on illicit enrichment as an anti-corruption mechanism, from its roots as a response to the problems inherent to prosecutions involving corruption, to an examination of elements and inchoate offenses relating to illicit enrichment under international conventions. It examines illicit enrichment jurisprudence in the global context. An extensive survey was carried out to determine the countries where the offense exists, what form it takes, how often it is used, and for countries where it doesn't, what other measures are used in its place. The authors neither recommend nor oppose the adoption of illicit enrichment provisions, but rather aim to assist jurisdictions considering such steps by highlighting key questions that might arise during implementation, including how the offense is defined and enforced domestically by States. Similarly, the authors do not endorse nor criticize any practice carried out by States in the implementation of the criminalization of illicit enrichment. Ultimately, it is also hoped that this study provides a basis for further discussion amongst policy makers and practitioners, and fuels upcoming discussions by the Conference of State parties of the UNCAC and its Working Groups
Author: Freedom House
Publisher: Rowman & Littlefield
ISBN: 9780742558038
Category : Political Science
Languages : en
Pages : 924
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Book Description
Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 192 countries and a group of select territories are used by policy makers, the media, international corporations, and civic activists and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. Press accounts of the survey findings appear in hundreds of influential newspapers in the United States and abroad and form the basis of numerous radio and television reports. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.
Author: Thomas J. Biersteker
Publisher: Cambridge University Press
ISBN: 1107134218
Category : Political Science
Languages : en
Pages : 423
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Book Description
Systematically analyzes the impacts and the effectiveness of UN targeted sanctions over the past quarter century.
Author: Karen Engle
Publisher: Cambridge University Press
ISBN: 110707987X
Category : Law
Languages : en
Pages : 401
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Book Description
This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
Author: International Monetary Fund
Publisher: INTERNATIONAL MONETARY FUND
ISBN: 9781451801781
Category : Social Science
Languages : en
Pages : 0
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Book Description
This detailed assessment report focuses on antimoney laundering and combating the financing of terrorism (AML/CFT) for Armenia. The report reveals that Armenia’s financial system remains small and bank dominated. Total assets of the banking sector accounted for approximately 91 percent of the assets in the financial system. Most banks are domestically owned but there is a major foreign presence in the system. The nonbank financial sector plays a small role in financial intermediation.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264536175
Category :
Languages : en
Pages : 239
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Book Description
The OECD Public Integrity Handbook provides guidance to government, business and civil society on implementing the OECD Recommendation on Public Integrity. The Handbook clarifies what the Recommendation’s thirteen principles mean in practice and identifies challenges in implementing them.
Author: Ian Bannon
Publisher: World Bank Publications
ISBN: 9780821355039
Category : Nature
Languages : en
Pages : 432
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Book Description
Research carried out by the World Bank on the root causes of conflict and civil war finds that a developing country's economic dependence on natural resources or other primary commodities is strongly associated with the risk level for violent conflict. This book brings together a collection of reports and case studies that explore what the international community in particular can do to reduce this risk.; The text explains the links between natural resources and conflict and examines the impact of resource dependence on economic performance, governance, secessionist movements and revel financing. It then explores avenues for international action - from financial and resource reporting procedures and policy recommendations to commodity tracking systems and enforcement instruments, including sanctions, certification requirements, aid conditionality, legislative and judicial instruments.
