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Rethinking Money Laundering & Financing of Terrorism in International Law

Author : Roberto Durrieu

Publisher : Martinus Nijhoff Publishers

Page : 506 pages

File Size : 33,9 MB

Release : 2013-05-16

Category : Law

ISBN : 9004207155

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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.



International Anti-Money Laundering and Soft Law

Author : Emmanuel Ebikake

Publisher : Taylor & Francis

Page : 183 pages

File Size : 39,6 MB

Release : 2023-11-20

Category : Law

ISBN : 1000994538

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Book Description

Adopting a mixed-methods approach, this book assesses the role of soft law as a technique to repress and prevent money laundering. The consequence of the combination of a non-traditional subject matter with the limitations of traditional international law instruments has meant that lawmakers seeking international solutions to the problems of money laundering have had to innovate. This book addresses two fundamental issues in the context of existing international and domestic responses to the problem of money laundering that have hitherto been neglected. These include the nature of the treaty obligations to criminalise money laundering, and the role of soft law as a technique to regulate it globally. The book concludes that international legal harmonisation and approximation of domestic anti-money laundering law through soft law remains helpful in addressing this pressing problem. The book will be of interest to academics, researchers, and policy-makers working in the areas of Financial Crime, Anti-Money Laundering Law, Regulation, International Soft Law, and Comparative Law.



Research Handbook on Money Laundering

Author : Brigitte Unger

Publisher : Edward Elgar Publishing

Page : 519 pages

File Size : 26,46 MB

Release : 2013-01-01

Category : Business & Economics

ISBN : 0857934007

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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.



Transnational Crime and Global Security

Author : Philip L. Reichel

Publisher : Bloomsbury Publishing USA

Page : 578 pages

File Size : 47,77 MB

Release : 2018-01-12

Category : Political Science

ISBN :

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Book Description

This two-volume work offers a comprehensive examination of the distressing topics of transnational crime and the implications for global security. National security is a key concern for individual nations, regions, and the global community, yet globalism has led to the perfusion of transnational crime such that it now poses a serious threat to the national security of governments around the world. Whether attention is concentrated on a particular type of transnational crime or on broader concerns of transnational crime generally, the security issues related to preventing and combatting transnational crime remain of top-priority concern for many governments. Transnational Crime and Global Security has been carefully curated to provide students, scholars, professionals, and consultants of criminal justice and security studies with comprehensive information about and in-depth analysis of contemporary issues in transnational crime and global security. The first volume covers such core topics as cybercrime, human trafficking, and money laundering and also contains infrequently covered but nevertheless important topics including environmental crime, the weaponization of infectious diseases, and outlaw motorcycle gangs. The second volume is unique in its coverage of security issues related to such topics as the return of foreign terrorist fighters, using big data to reinforce security, and how to focus efforts that encourage security cooperation.



Tax Evasion and the Law

Author : Sam Bourton

Publisher : Taylor & Francis

Page : 278 pages

File Size : 22,55 MB

Release : 2024-06-18

Category : Law

ISBN : 1040033822

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Book Description

This book provides a critical and contemporary evaluation of the laws and enforcement policies pertaining to tax evasion in the United Kingdom (UK) and United States (US). Since the inception of taxes, revenue collection authorities around the world have attempted to address the seemingly perennial problem of individuals evading their tax liabilities. The financial crisis has shone a new light on the issue with an increased interest in using the criminal justice system as a means of addressing it in the UK. In sharp contrast to the UK, the US has a strong record of prosecuting crimes of tax evasion, whether committed by individuals or professional corporate facilitators. Providing an evaluation of the UK’s tax evasion laws and enforcement policy, through a comparative approach, this work highlights insights provided by the US experience. In so doing, the book explores the interconnections between tax evasion and money laundering, identifying best practices, omissions, and areas for reform. The work will be a valuable resource for researchers, academics, and policy-makers working in the areas of financial crime, financial law, accountancy and criminal justice.



Suppression Of Terrorist Financing

Author : Hamed Tofangsaz

Publisher : Rowman & Littlefield

Page : 271 pages

File Size : 33,18 MB

Release : 2020-07-02

Category : Social Science

ISBN : 1793619506

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Book Description

In the last few decades, there has been a considerable effort, mainly from Western liberal countries, to create, develop, and diffuse into domestic laws, an internationally harmonized counter-terrorist financing regime through international treaties, recommendations and resolutions. This book aims to explore the penal (criminalization and confiscation) measures of the regime. Belonging to the category of analytical research, the book explores the nature of terrorist financing, and critically and extensively examines how it has been conceptualized and criminalized. The book argues that the application of these penal measures results in over-criminalization due to the vague conceptualization of the concept of terrorist financing, and due to its incompatibility with basic notions of criminalization and fundamental principles of the criminal law of many countries specifically Anglo-American law. Examining a number of ASEAN countries’ law on terrorist financing, the book then shows how these controversial measures have been crept into their law, resulting in the violation of human rights and democratic values which Western countries seek to promote.



White Collar Crime and Risk

Author : Nic Ryder

Publisher : Springer

Page : 379 pages

File Size : 39,33 MB

Release : 2017-12-06

Category : Social Science

ISBN : 1137473843

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Book Description

This edited collection provides an innovative and detailed analysis of the relationship between the financial crisis, risk and corruption. A large majority of the published research has concentrated on identifying the traditional factors that contributed towards the largest financial crisis since the Wall Street Crash and subsequent Great Depression. This original volume contests this, and provides the alternative view that white collar crime was also an underappreciated, and important factor. Divided into five parts: bribery and corruption; financial crime; market manipulation; technology and white collar crime; and the financial crisis, and based on contributions by a wide range of experts in the field, this book will be of great interest to policy makers and practitioners, researchers and students alike.



Transnational Crime and Black Spots

Author : Stuart S. Brown

Publisher : Springer

Page : 255 pages

File Size : 10,75 MB

Release : 2019-10-29

Category : Political Science

ISBN : 1137496703

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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.



Transnational Legal Ordering of Criminal Justice

Author : Gregory Shaffer

Publisher : Cambridge University Press

Page : 411 pages

File Size : 24,46 MB

Release : 2020-07-02

Category : Law

ISBN : 1108836585

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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.



Illicit Finance and the Law in the Commonwealth Caribbean

Author : Rohan D. Clarke

Publisher : Taylor & Francis

Page : 228 pages

File Size : 12,35 MB

Release : 2022-11-18

Category : Law

ISBN : 1000785963

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Book Description

This book provokes fresh ways of thinking about small developing States within the transnational legal order for combating money laundering and the financing of terrorism and proliferation (TAMLO). From the global wars on drugs and terror to journalistic exposés such as the ‘Paradise’, ‘Panama’ and ‘Pandora’ Papers, the Commonwealth Caribbean has been discursively stigmatised as a mythical island paradise of ‘rogue’ States. Not infrequently, their exercise of regulatory self-determination has been presented as the selling of their economic sovereignty to facilitate shady business deals and illicit finance from high-net-worth individuals, kleptocrats, tax-dodgers, organised crime networks and terrorist financiers. This book challenges conventional wisdom that Commonwealth Caribbean States are among the ‘weakest links’ within the global ecosystem to counter illicit finance. It achieves this by unmasking latent interests, and problematising coercive extraterritorial regulatory and surveillance practices, along the onshore/offshore and Global North/South axes. Interdisciplinary in its outlook, the book will appeal to policymakers, regulatory and supervisory authorities, academics and students concerned with better understanding legal and development policy issues related to risk-based regulatory governance of illicit finance. The book also provides an interesting exposition of substantive legal and policy issues arising from money laundering related to corruption and politically exposed persons, offshore finance, and offshore Internet gambling services.