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1 – 10 of over 1000Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption…
Abstract
Purpose
Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). This paper aims to discuss these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms.
Design/methodology/approach
Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law.
Findings
There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance.
Originality/value
This paper discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.
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This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China.
Abstract
Purpose
This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China.
Design/methodology/approach
Newspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions.
Findings
The effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology.
Research limitations/implications
There are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and the statistical success in the recovery of stolen assets. Any discussions within this paper are based on the impressionistic observations of this author, which may not reflect the true state of affairs of the Belt and Road Initiative.
Practical implications
Those who are interested in examining how authorities could recover stolen assets from and for China will have an interest in this topic.
Originality/value
The value of the paper is to demonstrate the difficulties in recovering stolen assets for and from China.
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This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China.
Abstract
Purpose
This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China.
Design/methodology/approach
Academic articles, case law and books are examined as are relevant reports by various regulatory authorities and organizations.
Findings
Historically, Chinese courts have strictly adhered to “de facto reciprocity”, which made it difficult for foreign judgements to be recognized and enforced in China. Fortunately, Chinese courts have since abandoned their rigid adherence to de facto reciprocity, and have instead, used flexible tests of reciprocity such as de jure reciprocity, reciprocal commitment and reciprocal understand/consensus. Accordingly, this would facilitate the recovery of stolen assets, as there is a lower threshold for the recognition and enforcement of a foreign judgement.
Research limitations/implications
There are limited data available in relation to the recognition and enforcement of foreign judgements pertaining to the recovery of stolen assets. Any discussions within this paper are based on the impressionistic observations of this author, which may not reflect the true state of affairs within the Belt and Road Initiative.
Practical implications
Those who are interested in examining the viability in recognizing and enforcing foreign judgements relating to stolen assets will have an interest in this topic.
Originality/value
The value of the paper is to demonstrate the difficulties in recognizing and enforcing foreign judgements in China in relation to stolen assets.
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This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.
Abstract
Purpose
This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.
Design/methodology/approach
This study is a doctrinal legal research that embraces a point-by-point comparative methodology with a library research technique.
Findings
This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Finally, this study finds that anti-corruption organisations in Nigeria are not efficient due to non-existence of the Federal Government’s political will to fight corruption, insufficient funds and absence of stringent implementation of the anti-corruption legal regime in the country.
Research limitations/implications
Investigations reveal during this study that Nigerian National Petroleum Corporation (NNPC) operations are characterised with poor record-keeping, lack of accountability as well as secrecy in the award of oil contracts, oil licence, leases and other financial transactions due to non-disclosure or confidentiality clauses contained in most of these contracts. Also, an arbitration proceeding limit access to their records and some of these agreements under contentions. This has also limited the success of this research work and generalising its findings.
Practical implications
This study recommends, among other reforms, soft law technique and stringent execution of anti-corruption statutes. This study also recommends increment in financial appropriation to Nigeria’s anti-corruption institutions, taking into consideration the finding that a meagre budget is a drawback.
Social implications
This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Corruption flourishes due to poor enforcement of anti-corruption laws and the absence of political will in offering efficient regulatory intervention by the government.
Originality/value
The study advocates the need for enhancement of anti-corruption agencies' budgets taking into consideration the finding that meagres budgets are challenge of the agencies.
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I. Wayan Edi Arsawan, Viktor Koval, Dwi Suhartanto, Ni Kadek Dessy Hariyanti, Natalіia Polishchuk and Viktoriia Bondar
The present study aims to examine the relationship between green economic incentives (GEIs) and environmental commitment (EC) as drivers of the circular economy (CE) practices in…
Abstract
Purpose
The present study aims to examine the relationship between green economic incentives (GEIs) and environmental commitment (EC) as drivers of the circular economy (CE) practices in small and medium enterprises (SMEs).
Design/methodology/approach
A cross-sectional study of 594 assistant managers and SME managers was used while data were analyzed through Smart PLS.
Findings
The results showed that GEIs positively affect the SMEs' EC and the CE practice model. Furthermore, EC is the mediator between GEIs and the three CE practices: internal environmental management, eco-design and corporate asset management and recovery (CAM&R).
Practical implications
The present study provided a basis for understanding the relevance of SMEs' CE practices and designing a strategic plan for its implementation. Also, it provides insight into that collaboration between triple helix (the government, SMEs and the community) is needed in increasing environmental awareness toward sustainability.
Originality/value
This study enhanced the natural resource-based view (NRBV), describing the mechanisms that view GEIs and EC as pollution prevention in CE practice.
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Russell Webster, Colin Fearns, Paula Harriott, Lisa Millar, Jardine Simpson, Jason Wallace and Michael Wheatley
The purpose of this paper is to examine lived experiences of opioid agonist treatment (OAT) during and immediately following release from detention in prisons in England and…
Abstract
Purpose
The purpose of this paper is to examine lived experiences of opioid agonist treatment (OAT) during and immediately following release from detention in prisons in England and Scotland.
Design/methodology/approach
Surveys were completed by serving prisoners in both countries and by those recently released from prison (England only). The survey findings were discussed in focus groups of people with lived experience. The combined findings from the surveys and focus groups were shared with an expert group of prison OAT providers and people with lived experience with the purpose of making recommendations for more accessible and effective OAT in custodial environments and continuity of OAT on release
Findings
The quality and accessibility of OAT varied considerably between establishments. It was reported to be harder to access OAT in Scottish prisons. It was often hard for people in prison to get the dosage of OAT they felt they needed and it was generally harder to access buprenorphine than methadone in English prisons. Only Scottish people in prison were aware of long-lasting forms of buprenorphine. People in English prisons had mixed experiences of the help available in prison, with no improvement recorded since a 2016 study. People in Scottish prisons were more likely to rate the help available as poor.
Research limitations/implications
The number of people accessed while actually in prison (73) was reduced by the impact of the pandemic, making it more difficult to access people in prison and because some were resistant to participating on the basis that they had already been consulted for a wide variety of research projects focused on the impact of COVID. The Scottish cohort (a total of 19 individuals comprising 14 survey respondents and five focus group members) is clearly too small a number on which to base robust claims about differences in OAT provision between the English and Scottish prison systems..
Practical implications
The study identifies key barriers to accessing OAT in prisons and suggests key components of more user-friendly approaches.
Social implications
This study provides an overview of the recent lived experiences of people accessing OAT in prison and on release and offers valuable recommendations on how to make service provision more effective and consistent.
Originality/value
This study provides an overview of the recent lived experiences of people accessing OAT in prison and on release in England and Scotland and offers valuable recommendations on how to make service provision more effective and consistent.
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Ahmed Mohammed, Tarek Zayed, Fuzhan Nasiri and Ashutosh Bagchi
This paper extends the authors’ previous research work investigating resilience for municipal infrastructure from an asset management perspective. Therefore, this paper aims to…
Abstract
Purpose
This paper extends the authors’ previous research work investigating resilience for municipal infrastructure from an asset management perspective. Therefore, this paper aims to formulate a pavement resilience index while incorporating asset management and the associated resilience indicators from the authors’ previous research work.
Design/methodology/approach
This paper introduces a set of holistic-based key indicators that reflect municipal infrastructure resiliency. Thenceforth, the indicators were integrated using the weighted sum mean method to form the proposed resilience index. Resilience indicators weights were determined using principal components analysis (PCA) via IBM SPSS®. The developed framework for the PCA was built based on an optimization model output to generate the required weights for the desired resilience index. The output optimization data were adjusted using the standardization method before performing PCA.
Findings
This paper offers a mathematical approach to generating a resilience index for municipal infrastructure. The statistical tests conducted throughout the study showed a high significance level. Therefore, using PCA was proper for the resilience indicators data. The proposed framework is beneficial for asset management experts, where introducing the proposed index will provide ease of use to decision-makers regarding pavement network maintenance planning.
Research limitations/implications
The resilience indicators used need to be updated beyond what is mentioned in this paper to include asset redundancy and structural asset capacity. Using clustering as a validation tool is an excellent opportunity for other researchers to examine the resilience index for each pavement corridor individually pertaining to the resulting clusters.
Originality/value
This paper provides a unique example of integrating resilience and asset management concepts and serves as a vital step toward a comprehensive integration approach between the two concepts. The used PCA framework offers dynamic resilience indicators weights and, therefore, a dynamic resilience index. Resiliency is a dynamic feature for infrastructure systems. It differs during their life cycle with the change in maintenance and rehabilitation plans, systems retrofit and the occurring disruptive events throughout their life cycle. Therefore, the PCA technique was the preferred method used where it is data-based oriented and eliminates the subjectivity while driving indicators weights.
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This paper aims to critically examine the digital transformation of anti-money laundering (AML) and countering the financing of terrorism (CFT) in light of the Financial Action…
Abstract
Purpose
This paper aims to critically examine the digital transformation of anti-money laundering (AML) and countering the financing of terrorism (CFT) in light of the Financial Action Task Force (FATF) San Jose principles, the Organisation for Economic Co-operation and Development (OECD) principles for artificial intelligence (AI) and the proposed European Union (EU) Artificial Intelligence Act. The authors argue that AI tools can revolutionize AML/CFT and asset recovery, but there is a need to strike a balance between optimizing AML efficiency and safeguarding fundamental rights.
Design/methodology/approach
This paper draws on reports, legislation, legal scholarships and other open-source data on the digital transformation of AML/CFT, particularly the deployment of AI in this context.
Findings
A new regulatory framework with robust safeguards is necessary to mitigate the risks associated with the use of new technologies in the AML context.
Originality/value
This study is one of the first to examine the use of AI in the AML/CFT context in light of the FATF San Jose principles, the OECD AI principles and the proposed EU AI Act.
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Francesco Tajani, Francesco Sica, Pierfrancesco De Paola and Pierluigi Morano
The paper aims to provide a decision-support model to ensure a proper use of the limited resources, financial and not, for the enhancement of the cultural heritage and…
Abstract
Purpose
The paper aims to provide a decision-support model to ensure a proper use of the limited resources, financial and not, for the enhancement of the cultural heritage and comprehensive development of small towns from sustainable perspective.
Design/methodology/approach
The assessment model is set up using a multi-criteria method that combines elements of linear planning with a performance indicators system that may represent the complexity of the territory’s cultural identity as a result of existing cultural-historical assets.
Findings
The model reliability is tested in a case study in a Municipality in southern Italy. The case study’s findings highlight the advantages for the public/private operators, who can consciously choose which preservation and restoration projects to fund while taking into account the effects those decisions will have on the economic, social and environmental context of reference.
Research limitations/implications
Due to the suggested operational approach and the selection of variables for accounting economic, social and environmental impacts by the renewal project, the research findings may not be generalizable. Therefore, it is recommended that researchers look into the suggested theories in more detail.
Practical implications
The study offers implications for designing a user-friendly tool to help decision-making processes from a private–public viewpoint in a reasonable allocation of financial resources among investments for cultural property asset enhancement.
Originality/value
The suggested operational approach provides a reliable information apparatus to depict the decision-making process under small-town development in accordance with sustainability dimensions.
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The rise of cryptocurrencies and other digital assets has triggered concerns about regulation and security. Governments and regulatory bodies are challenged to create frameworks…
Abstract
Purpose
The rise of cryptocurrencies and other digital assets has triggered concerns about regulation and security. Governments and regulatory bodies are challenged to create frameworks that protect consumers, combat money laundering and address risks linked to digital assets. Conventional approaches to confiscation and anti-money laundering are deemed insufficient in this evolving landscape. The absence of a central authority and the use of encryption hinder the identification of asset owners and the tracking of illicit activities. Moreover, the international and cross-border nature of digital assets complicates matters, demanding global coordination. The purpose of this study is to highlight that the effective combat of money laundering, legislative action, innovative investigative techniques and public–private partnerships are crucial.
Design/methodology/approach
The focal point of this paper is Australia’s approach to law enforcement in the realm of digital assets. It underscores the pivotal role of robust confiscation mechanisms in disrupting criminal networks operating through digital means. The paper firmly asserts that staying ahead of the curve and maintaining an agile stance is paramount. Criminals are quick to embrace emerging technologies, necessitating proactive measures from policymakers and law enforcement agencies.
Findings
It is argued that an agile and comprehensive approach is vital in countering money laundering, as criminals adapt to new technologies. Policymakers and law enforcement agencies must remain proactively ahead of these developments to efficiently identify, trace and seize digital assets involved in illicit activities, thereby safeguarding the integrity of the global financial system.
Originality/value
This paper provides a distinctive perspective by examining Australia’s legal anti-money laundering and counterterrorism financing framework, along with its law enforcement strategies within the realm of the digital asset landscape. While there is a plethora of literature on both asset confiscation and digital assets, there is a noticeable absence of exploration into their interplay, especially within the Australian context.
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