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Author: Roberto Durrieu
Publisher: Martinus Nijhoff Publishers
ISBN: 9004207155
Category : Law
Languages : en
Pages : 506
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Book Description
In Rethinking Money Laundering & Financing of Terrorism in International Law: Towards a New Global Legal Order, Roberto Durrieu provides a broad and original analysis of the phenomenon of money laundering, through a thorough examination of the financing of terrorism. The necessity of excluding the financing of terrorism from the legal definition of money laundering is clearly illustrated through extensive, original and comparative research. In addition, the book advocates the recognition of money laundering as an international crime strictu sensu that can be tried by a special international tribunal. The hidden, mutable, complex and global nature of the crime must be addressed multilaterally through a new, integrated and more effective global legal order which is consistent and compatible with civil guarantees and human rights principles. Part I studies the main extra-legal and legal aspects of money laundering by analyzing the meaning, causes and effects of this phenomenon and their link with the financing of terrorism, with special attention to the interconnection between the so-called preventive/regulatory AML-CFT system and the punitive approach. Part II provides a global-comparative analysis to determine whether or not the adoption of money laundering offences is consistent with sound principles of criminal law and criminal procedure. Finally, Part III examines the jurisdictional problems with respect to extra-territorial and large-scale money laundering cases. The book offers nuanced and thought-provoking answers to questions regarding the prohibition of money laundering, the financing of terrorism, and the relationship between them, the current state of associated International Law, the need for future action, and the human rights consequences of these crimes.
Author: Roberto Durrieu
Publisher: Martinus Nijhoff Publishers
ISBN: 9004207155
Category : Law
Languages : en
Pages : 506
Get Book Here
Book Description
In Rethinking Money Laundering & Financing of Terrorism in International Law: Towards a New Global Legal Order, Roberto Durrieu provides a broad and original analysis of the phenomenon of money laundering, through a thorough examination of the financing of terrorism. The necessity of excluding the financing of terrorism from the legal definition of money laundering is clearly illustrated through extensive, original and comparative research. In addition, the book advocates the recognition of money laundering as an international crime strictu sensu that can be tried by a special international tribunal. The hidden, mutable, complex and global nature of the crime must be addressed multilaterally through a new, integrated and more effective global legal order which is consistent and compatible with civil guarantees and human rights principles. Part I studies the main extra-legal and legal aspects of money laundering by analyzing the meaning, causes and effects of this phenomenon and their link with the financing of terrorism, with special attention to the interconnection between the so-called preventive/regulatory AML-CFT system and the punitive approach. Part II provides a global-comparative analysis to determine whether or not the adoption of money laundering offences is consistent with sound principles of criminal law and criminal procedure. Finally, Part III examines the jurisdictional problems with respect to extra-territorial and large-scale money laundering cases. The book offers nuanced and thought-provoking answers to questions regarding the prohibition of money laundering, the financing of terrorism, and the relationship between them, the current state of associated International Law, the need for future action, and the human rights consequences of these crimes.
Author: Brigitte Unger
Publisher: Edward Elgar Publishing
ISBN: 0857934007
Category : Business & Economics
Languages : en
Pages : 519
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Book Description
Although the practice of disguising the illicit origins of money dates back thousands of years, the concept of money laundering as a multidisciplinary topic with social, economic, political and regulatory implications has only gained prominence since the 1980s. This groundbreaking volume offers original, state-of-the-art research on the current money laundering debate and provides insightful predictions and recommendations for future developments in the field. The contributors to this volume academics, practitioners and government representatives from around the world offer a number of unique perspectives on different aspects of money laundering. Topics discussed include the history of money laundering, the scale of the problem, the different types of money laundering, the cost to the private sector, and the effectiveness of anti-money laundering policies and legislation. The book concludes with a detailed and insightful synthesis of the problem and recommendations for additional steps to be taken in the future. Students, professors and practitioners working in economics, banking, finance and law will find this volume a comprehensive and invaluable resource.
Author: Anne Imobersteg Harvey
Publisher: BRILL
ISBN: 9004359109
Category : Law
Languages : en
Pages : 287
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Book Description
The book provides one of the first accounts of AML/CFT legislation in Australia, sets the international policy context, and outlines key international legal obligations. To minimise the negative impact on personal freedoms, it proposes a reading of Australian provisions in line with international caselaw. Expanding her analysis on the international level, the author offers an appraisal of the measures taken, both in terms of criminal policy and cost for civil society. She argues that the development of soft law and the increased powers given to law enforcement agencies, which sub-contract surveillance to the private sector, further erode the legitimacy of State action and the rule of law, and ultimately the democracy the laws were meant to protect.
Author: Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 1108836585
Category : Law
Languages : en
Pages : 411
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Book Description
A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.
Author: Stuart S. Brown
Publisher: Springer
ISBN: 1137496703
Category : Political Science
Languages : en
Pages : 255
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Book Description
“The strength of this book is that it does not look at a single case or even a few disparate examples of drug, weapon, and human trafficking but looks at many patterns—intra-regionally, cross-nationally, and internationally. It is an innovative addition to the literature on the nature of the safe havens—or ‘black spots’—currently being used for illicit activity. This book will make a clear impact on the scholarship of transnational crime and the geopolitics of the illicit global economy.” —Jeremy Morris, Aarhus University, Denmark Transnational criminal, insurgent, and terrorist organizations seek places that they can govern and operate from with minimum interference from law enforcement. This book examines 80 such safe havens which function outside effective state-based government control and are sustained by illicit economic activities. Brown and Hermann call these geographic locations ‘black spots’ because, like black holes in astronomy that defy the laws of Newtonian physics, they defy the world as defined by the Westphalian state system. The authors map flows of insecurity such as trafficking in drugs, weapons, and people, providing an unusually clear view of the hubs and networks that form as a result. As transnational crime is increasing on the internet, Brown and Hermann also explore if there are places in cyberspace which can be considered black spots. They conclude by elaborating the challenges that black spots pose for law enforcement and both national and international governance.
Author: Nicholas Ryder
Publisher: Routledge
ISBN: 1134447043
Category : Law
Languages : en
Pages : 194
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Book Description
On September 11, 2001, 19 terrorists committed the largest and deadliest terrorist attack in the United States of America. The response from the inter-national community, and in particular the US, was swift. President George Bush declared what has commonly been referred to as either the ‘War on Terror’ or the ‘Global War on Terror’ on September 20, 2001. Four days later, he instigated the ‘Financial War on Terrorism’. This book defines and identifies the so-called ‘Financial War on Terrorism’. It provides a critical review of the impact of counter-terrorist financing strategies enacted by both individual jurisdictions and international organisations. Taking a comparative approach, the book highlights the levels of compliance in each selected jurisdiction and organisation with the requirements of the ‘Financial War on Terrorism’. The book analyses measures introduced by the United Nations, including the UN sanctions against terrorists and the operation of its anti-terrorist sanctions committees, and the Recommendations of the Financial Action Task Force. It also reviews the counter-terrorist financing measures of the European Union and the Council of Europe, paying particular attention to the Framework Decisions on Combating Terrorism, the Council Common Positions on Combating Terrorism and the EU Anti-Terrorism Sanctions Regime. The book goes on to review the measures put in place in the US following September 11, 2001. Offering a much-needed legal analysis of the measures enacted under the ‘Financial War on Terrorism’, this book is a valuable resource for those researching in law, terrorism studies, criminal justice, and finance.
Author: Nicholas Ryder
Publisher: Routledge
ISBN: 1317964365
Category : Law
Languages : en
Pages : 189
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Book Description
Many commentators, regulatory agencies and politicians have blamed the risky behaviour of both financial institutions and their actors for the collapse of the United States sub-prime mortgage market which in turn precipitated the global 'Credit Crunch'. This edited volume explores how financial crime played a significant role in the global economic crisis. The volume features contributions from internationally renowned academic and practitioner experts in the field who pinpoint some of the most important facets of financial crime which have emerged over recent years. Key subjects include: the possibility of criminalising reckless risk-taking on the financial markets; the duty of banks to prevent money-laundering and corruption; the growth of the Shadow Banking System; and the manipulation of LIBOR by banks. The book illustrates the global nature of financial crime, and highlights the complex relationships between regulatory bodies, law enforcement agencies and private actors in the attempt to limit the harmful effect of white collar crime on the stability of the financial sector. This book will be of great use and interest to scholars, practitioners and students within the field of financial crime, banking and finance law, and international political economy.
Author: Joost Pauwelyn
Publisher: Oxford University Press
ISBN: 0198852568
Category : Law
Languages : en
Pages : 545
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Book Description
This addition to the 'Law and Global Governance Series' examines participation of stakeholders in treaty-based intergovernmental organizations. Readers are offered a comprehensive account of what has been done to facilitate the participation of previously neglected stakeholders.
Author: Anton Moiseienko
Publisher: BRILL
ISBN: 9004390472
Category : Law
Languages : en
Pages : 337
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Book Description
In Corruption and Targeted Sanctions, Anton Moiseienko analyses the blacklisting of foreigners suspected of corruption and the prohibition of their entry into the sanctioning state from an international law perspective. The implications of such actions have been on the international agenda for years and have gained particular prominence with the adoption by the US and Canada of the so-called Magnitsky legislation in 2016. Across the Atlantic, several European states followed suit. The proliferation of anti-corruption entry sanctions has prompted a reappraisal of applicable human rights safeguards, along with issues of respect for official immunities and state sovereignty. On the basis of a comprehensive review of relevant law and policy, Anton Moiseienko identifies how targeted sanctions can ensure accountability for corruption while respecting international law.
Author: Sherill V. C. Morris-Francis
Publisher: Rowman & Littlefield
ISBN: 1498549306
Category : Social Science
Languages : en
Pages : 257
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Book Description
This volume provides an overview of the Caribbean countries, its colonial history, causes, costs and consequences of crime and violence in the Caribbean. The contributors pull from primary research and the available data from multiple sources including national and country specific reports to assess the magnitude, characteristics, and the changing nature of crimes in various Caribbean countries. Discussion is offered on the following crime issue: gender-based violence, homicides, drugs, gangs, money laundering, murder suicided, deportation and the use of Geographic Information System (GIS) to fight crime. In addition, the book provides a discussion of the crime prevention capabilities of selected countries looking at the nature of the crime problem, offers an assessment of the crime prevention capabilities and makes suggestions for policy development.
