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Author: Michele Sciurba Publisher: Nomos Verlagsgesellschaft ISBN: 9783848761890 Category : Corruption Languages : en Pages : 205
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
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: Avis Whyte Publisher: University of Westminster Press ISBN: 1914386418 Category : Law Languages : en Pages : 222
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: Freedom House Publisher: Rowman & Littlefield ISBN: 9780742558038 Category : Political Science Languages : en Pages : 924
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: Lindy Muzila Publisher: ISBN: 9780821394540 Category : International law Languages : en Pages : 0
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: Karen Engle Publisher: Cambridge University Press ISBN: 110707987X Category : Law Languages : en Pages : 401
Book Description
This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
Author: Charles C. Jalloh Publisher: Cambridge University Press ISBN: 110842273X Category : History Languages : en Pages : 1199
Book Description
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
Author: Nicholas Ryder Publisher: Edward Elgar Publishing ISBN: 0857931830 Category : True Crime Languages : en Pages : 353
Book Description
This book focuses on the financial crime policies adopted by the international community and how these have been implemented in the United Kingdom and the United States of America.
Author: Michele Sciurba
Author: Michele Sciurba
Author: Avis Whyte
Author: Thomas J. Biersteker
Author: Freedom House
Author: Lindy Muzila
Author: Karen Engle
Author: Wolfgang Schomburg
Author: Alison Brysk
Author: Charles C. Jalloh
Author: Nicholas Ryder