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In recent years an emerging global trend of introducing legislation to use civil procedures against criminal assets can be detected. However, these civil forfeiture models, which exist vary from jurisdiction to jurisdiction. This paper seeks to identify issues which need to be considered when such a scheme is being designed and examines the options which have been adopted.

The paper examines the legislative provisions in a number of jurisdictions setting out the common issues which have arisen and the range of options which have attempted as potential solutions.

The paper concludes that jurisdictions which seek to introduce civil forfeiture legislations now have various examples from which to learn but that these models will likely evolve in the face of litigation and experience as legislatures and policymakers attempt to produce fair but effective procedures for the civil recovery of criminal proceeds.

As further jurisdictions respond to this emerging trend and draft their own legislation, there is much to be leant from the issues which others have considered necessary to address and the way in which these issues have been dealt with.

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

The purpose of this paper is to increase the awareness of attorneys-at-law about the potential risks that they may encounter as a result of the developments in “intermeddler liability”. The article is also aimed at informing attorneys about the Proceeds of Crime Act (POCA) civil recovery machinery.

The article is divided into two parts. The first part involves an analysis of the provisions in the POCA of Jamaica that invoke a civil machinery to recover criminally obtained wealth. In addition to a review of the main provisions of POCA, an examination of recent cases in Jamaica and in the UK, which has a similar legislative regime, has been undertaken. The legislative framework for providing a remedy to a victim of crime has also been examined. The second part of the article explores developments in the law of restitution and the law relating to constructive trusts which may impact lawyers and financial intermediaries who become engaged in transactions dealing with illicit funds.

The first aspect of the article focuses on the ability of the Asset Recovery Agency to follow and recover illicitly obtained property in the absence of a criminal conviction. In the second part of the article, the evolution of the law relating to “intermeddler liability”, that is, knowing receipt and dishonest assistance, has been explored. It is observed that these developments are significant in providing a victim of financial crime with a remedy where the illicit activity involves a breach of trust or other fiduciary relationship.

Much of the focus on anti-money laundering initiatives in Jamaica is on the money laundering offence and post-conviction orders under POCA. This article seeks to highlight the power of the civil law in countering serious crime.

The purpose of this paper is to examine what use has been made of civil recovery legislation in the first three years of its existence and to explain the legal issues which have been raised before the courts so far. It also examines the legislative and non‐legislative changes to the civil recovery scheme since it is commencement in 2003.

The paper uses examples from amongst those cases initiated by the Assets Recovery Agency and draws on both reported and unreported court rulings.

The civil recovery cases brought against property by the Assets Recovery Agency may be classified into six categories: where a potential criminal defendant has died and is therefore beyond prosecution; where a criminal defendant has been acquitted; where a criminal defendant was convicted but the confiscation hearing failed; where the respondent is not within the jurisdiction; where the owner of the property is uncertain; and where a respondent is unprosecutable due to insufficient evidence.

The paper provides a useful framework for law enforcement agencies which are considering what type of cases they may useful refer for possible civil proceedings by the Agency. The paper also sets out for practitioners a useful summary of the civil recovery jurisprudence which has so far developed.

This paper attempts to clarify and describe the general characteristics of civil forfeiture as a new national and international tool in the fight against organized crime.

The paper analyzes and compares the civil forfeiture legislations of five counties – the USA, Great Britain, Ireland, Bulgaria and Serbia and draws conclusions on the general characteristics of this legal phenomenon.

There are substantial differences between criminal and civil forfeiture which set the latter apart as an independent legal phenomenon. Unfortunately, few countries have effective legislations which regulate this tool for fighting organized crime. The importance of civil forfeiture lies in the fact that it shakes the economic foundations of organized crime using the methods and procedures of civil and administrative law even, in some countries, after the court has issued a verdict of “not guilty”.

The paper stresses the importance of international laws and regulations for the unification and development of national civil forfeiture legislations. The paper proposes that one way to develop civil forfeiture is to strengthen the imperative nature of EU legislation; to present annual reports at national and EU level before the EU Parliament and national parliaments proposing measures for the development and acceleration of the process; to turn CARIN into an EU institution. The paper also emphasizes the importance of the decisions of the Strasbourg court as standards for the application of civil forfeiture legislation.

The purpose of this paper is to identify and examine motivating factors for why public and private actors initiate costly and risky civil actions to recover loss due to corruption in an era of increasing multilateral consensus and cooperation against corruption and organised crime.

Research into recent global trends and types of civil lawsuits against corruption is conducted. Several cases, particularly from Canada, Hong Kong, the USA and the UK, are used to illustrate the attractions and difficulties of civil litigation. The implications of the recent international treaties on corruption are analyzed. Qualitative findings are made on a range of motivational factors that lie behind different types of civil actions against corruption.

The paper notes an apparent rise in interest in civil actions against corruption and describes five types of actions brought by governments and companies. Civil actions are indicative of the want of better alternatives to recovery. While recent anti‐corruption treaties help to remove barriers to civil actions, the treaties themselves cannot explain the increased interest in civil lawsuits. Full explanation lies in the empowering effect of suing, the political significance of these lawsuits particularly for a new regime suing to recover plundered property from the old regime, and the ease by which a lawsuit can be launched.

This paper contributes to the literature in identifying types of civil actions against corruption, the practical and political motivations behind civil actions, and the positive relationship between international cooperation regimes and civil actions.

The purpose of this paper is to explore the place of religion in civil society and how that relates to the problem of social order.

An exploratory comparative case study was conducted of flood relief in Mumbai with the relief following the Katrina disaster in the summer of 2005, using a qualitative content analysis of regional media documents.

A more fluid and less clearly defined division between religion and government in the USA was found that created opportunities by which a much larger response by religious institutions occurred. Religiously‐based disaster relief in the US case is conducted more through groups and networks, while in the Indian case, religious‐based relief takes place more through values and norms. These conditions led to more immediate social order following the floods in Mumbai but less intensive cooperation and coordination that was not tied to religious institutions. After Katrina in the US case, coordination and cooperation were less immediate but of higher intensity and explicitly tied to religious institutions.

This research offers new categories for understanding the role of religion in civil society by focusing on disaster relief in a comparative manner, proposing a framework based on qualitative and exploratory research for pursuing more deductive and explanatory quantitative analyses in the future.

Finally, instead of assuming religion as either a source of conflict or a source of social order, dependent on the nature of a given religious group, this paper shows the additional complexity and variation in social order that is dependent on the relationship between religion and state and the social context in a given time and place.

In this chapter, we contextualise an ethical codex introduced in the Danish Central Administration. As a management tool, the codex is intended to curb a mounting distrust induced by a number of political-administrative scandals. This is attempted via a revitalisation of classical bureaucratic duties. At the same time, the codex’s attempt at restoring trust is challenged by a number of obstacles. Launching our exploration from an ethos of office-perspective, we contextualise the codex in three dimensions: an organisational dimension, a semantic dimension and a training dimension. From this three-pronged analysis, we show how a number of historical and contemporary obstacles work counter to the codex’s stated attempt to revitalise the ethos of the civil servants. Building on these analyses, we discuss the tensions between official and private selves in particular ethical training exercises as well as the implications the codex brings with it, including a possible obscuring of political-administrative responsibility.

The Violence Against Women Act was enacted in the United States in 1994. Fifteen years later, it has become apparent that the law has given rise to numerous violations of fundamental civil rights. These rights include freedom of speech, protection from governmental intrusion, due process, freedom to marry and the right to privacy in family matters, right to parent one's own children, right to bear arms, right to be secure in their persons (probable‐cause for arrest), right to a fair trial, and equal treatment under the law. Each year, an estimated two million Americans have their civil liberties violated by domestic violence laws. This article, based on a report by SAVE (2010a), enumerates and documents these civil rights violations.

The purpose of this paper is to understand the needs of the supply-chain (SC) network when coping with permanent and temporary demands, this paper analyzes the Swedish emergency preparedness SC network. This network comprises planning procedures and resources, as well as numerous organizations and other participants in civil society that take part in the system to cope with threats and ongoing crises. Planning constitutes a critical infrastructure because the system must develop the ability to shift SC functions from permanent to temporary networks in ongoing crises and war.

A research study is performed based on data gathered by three qualitative methods concerning the SC network of emergency preparedness planning.

This study demonstrates the relevance of a wide empirical field challenging several theoretical perspectives of the SC network in preparedness planning and the shift to ongoing crises. Further research targeting key capabilities is needed to further improve understanding of the challenges for developed countries in managing potential threats and crises.

Actors taking part in the preparedness system have found it challenging to coordinate. Due, in part, to the lack of a common threat profile, key capabilities remain outside preparedness planning, e.g., military, commercial and voluntary actors as well as unclear and inconsistent regulations. Thus, building the SC network demonstrates the need to target the military, the voluntary and commercial sectors and their ability to develop the networks in preparedness planning. In a reformed system, all actors must strengthen civil defense in an all-hazard approach, which in planning encompasses the entire threat scale, demonstrating key functions and the ability to shift to temporary networks responding to ongoing crises, including war.