Search results

1 – 10 of 201
Book part
Publication date: 19 April 2024

Rania Maktabi

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific…

Abstract

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific lens: A married woman's legal capacity to initiate and obtain divorce without the husband's consent. Building on the works of Stein Rokkan and Reinhard Bendix on the expansion of citizenship to the ‘lower classes’, it is argued that amendments in divorce law by introducing in-court divorce for women, in addition to out-of-court divorce, is a significant institutional change that extends legal equality between men and women. The introduction of in-court divorce expands female citizenship by bolstering woman's juridical autonomy and capacity in state law. Changes in divorce laws are thus part of state centralization by means of standardizing rules that regulate family law through public administrative institutions rather than religious organizations. Two questions are addressed: First, how did amendments in divorce laws occur after independence? Second, in which ways did women's bolstered legal capacity in divorce have a spill over effect on reforms in other patriarchal state laws? Based on observations on sequences of change in four states in North Africa, it is argued that amendments that equalize between men and women in divorce should be seen as a key driver for reforms in other state laws, that reduce legal inequality between male and female citizens. In all four states, women's citizenship was extended in nationality law and criminal law after amendments in divorce law gave women unilateral legal power to exit a marital relationship.

Details

A Comparative Historical and Typological Approach to the Middle Eastern State System
Type: Book
ISBN: 978-1-83753-122-6

Keywords

Article
Publication date: 1 March 2022

Donna Asteria, Putri Alvernia, Berliana Nur Kholila, Sabarina Isma Husein and Farha Widya Asrofani

The Baduy tribe has its own uniqueness and values regarding the forest; it manages the forest using customary law to keep it sustainable. This research aims to describe the…

Abstract

Purpose

The Baduy tribe has its own uniqueness and values regarding the forest; it manages the forest using customary law to keep it sustainable. This research aims to describe the position of customary law used by the Baduy tribe to conserve forest areas.

Design/methodology/approach

This research is a qualitative research conducted in September 2019 and 2020 at Baduy. The data were collected through a literature study and in-depth interviews with informants related to the Baduy tribe. The collected data included documentation and interview transcripts that were translated into English. Data analysis was conducted in a descriptive manner, equipped with related evidence.

Findings

The Baduy community holds firm to its customs and culture called pikukuh. The Baduy community applies the concept of sustainable forest management in that local communities are directly involved in forest management activities to improve welfare and implement sustainable forests.

Practical implications

The implication of this research is that it is beneficial for forest conservation based on customary law, using the conservation approach of the Baduy tribe as a local community in protecting the sustainability of forest resources and their sustainability for the next generation. This study contributes as a guide for the government to formulate policies that will include local communities into conservation programs and government policies. It may apply to a study of coordination with related institutions such as the Ministry of Environment and Forestry in implementing forest conservation.

Originality/value

This study uses primary data from the Baduy tribe, which has unique local traditional values regarding the territory and the important role of the forest. The originality of the findings from the excavation of each activity was based on the procedures and beliefs regulated in customary law regarding forest management. Preservation of traditional knowledge in customary law has contributed to the urgency of sustainable forest conservation and biodiversity conservation, which is part of the traditional knowledge of the Baduy tribe.

Details

Journal of Cultural Heritage Management and Sustainable Development, vol. 14 no. 2
Type: Research Article
ISSN: 2044-1266

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Book part
Publication date: 2 May 2024

Amanuel Elias

Anti-racism has been practiced in various ways, with varying degrees of effectiveness. This chapter engages with the body of scholarship that focuses on approaches aimed at…

Abstract

Anti-racism has been practiced in various ways, with varying degrees of effectiveness. This chapter engages with the body of scholarship that focuses on approaches aimed at promoting anti-racist actions, policies and social change. It discusses some of the main anti-racism strategies that have been deployed across different countries and examines anti-racism practices in interpersonal, intergroup and community settings. These approaches encompass civil rights campaigns, legislative and policy interventions, affirmative action, diversity and inclusion training, prejudice reduction, intergroup contact, organisational development and holistic anti-racism approaches. Some anti-racism practices and policies, such as awareness campaigns, social marketing and diversity training, also extend to digital platforms, with social media and multimedia networks deployed to broaden the reach and impact of anti-racist endeavours. This chapter specifically engages with local anti-racism movements and draws principles for broader implementation of anti-racism policy and practice. It concludes with a brief discussion of the effectiveness of contemporary anti-racism approaches.

Details

Racism and Anti-Racism Today
Type: Book
ISBN: 978-1-83753-512-5

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Article
Publication date: 24 October 2023

Doron Goldbarsht

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.

Details

Journal of Money Laundering Control, vol. 27 no. 3
Type: Research Article
ISSN: 1368-5201

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Open Access
Article
Publication date: 5 February 2024

Ariadna H. Ochnio

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…

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.

Details

Journal of Money Laundering Control, vol. 27 no. 7
Type: Research Article
ISSN: 1368-5201

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Article
Publication date: 19 October 2023

Jaffar Yakkop Alkhayer and Chander Mohan Gupta

This paper aims to examine the options available to arbitrators when they suspect money laundering during arbitration proceedings, considering their compatibility with fundamental…

Abstract

Purpose

This paper aims to examine the options available to arbitrators when they suspect money laundering during arbitration proceedings, considering their compatibility with fundamental principles and concepts of arbitration.

Design/methodology/approach

Using a doctrinal analysis approach, the paper draws on legal principles, antimoney laundering regulations and relevant literature to explore the topic. It considers relevant international treaties, standards set by the financial action task force on money laundering, cases and arguments from legal analysts and experts.

Findings

The paper identifies three options for arbitrators: disregarding suspicions, initiating an investigation or terminating the proceedings. Disregarding suspicions is deemed inappropriate, as it may facilitate the concealment of financial crimes. Initiating an investigation is seen as a preferable option, aligning with the arbitrator’s role and the public interest in nullifying contracts linked to criminal conduct. Terminating the proceedings is not recommended, as it contradicts the principle of natural justice. The paper emphasizes the importance of reasonable grounds for suspicions, notifying the parties, and allowing them to address the concerns.

Originality/value

This paper contributes to the existing literature by comprehensively analyzing the compatibility of these options with arbitration principles and concepts. It underscores the need for clear laws and directives to guide arbitrators in addressing financial crimes within the arbitration process, maintaining a balance between party autonomy and preventing the misuse of arbitration for illicit activities.

Details

Journal of Money Laundering Control, vol. 27 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 29 March 2024

Tareq Na'el Al-Tawil

The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.

Abstract

Purpose

The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.

Design/methodology/approach

The paper examines social perceptions and practical challenges related to the act of whistleblowing. It focuses on the effectiveness, limitations and implications of the current legal status of whistleblowing in the UAE.

Findings

The UAE does not have a unified legal framework that governs whistleblowing and whistleblower protections like in the case of the USA. Therefore, there is an urgent need for comprehensive federal regulations that will apply to all sectors across the entire UAE. Each emirate and economic zone can then model their whistleblowing regulations against the federal law to ensure consistency and uniformity in application. The UAE will also benefit from public awareness and education programs to address the conservative culture that discourages whistleblowing. Most importantly, corporate governance and culture are central to the success of existing laws considering the overreliance on organizations and employees.

Originality/value

The paper provides a robust and analytical discussion of the whistleblowing laws and regulations in the UAE to dissect current practices and implications for future practice.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 5 July 2023

Jiseun Sohn, Insun Park, Gang Lee and Sinyong Choi

Limited research exists on the perceptions of police within specific ethnic minority groups. The primary purpose of this study is to investigate the experiences of Korean and…

Abstract

Purpose

Limited research exists on the perceptions of police within specific ethnic minority groups. The primary purpose of this study is to investigate the experiences of Korean and Korean American residents in the Metro Atlanta area regarding their perceptions of cooperation with the police, particularly in relation to hate crimes, along with their perceptions of police legitimacy and other relevant factors. By focusing on this specific population, the study aims to shed light on their unique perspectives and contribute to a deeper understanding of the complex dynamics between ethnic minorities and law enforcement.

Design/methodology/approach

The authors’ sample comprised 128 Korean residents who were asked about their demographics, victimization experiences, self-rated English proficiency and police legitimacy. Multiple linear regression analyses were employed to investigate the impact of police legitimacy, victimization experiences and English-speaking skills on the participants' level of cooperation with the police.

Findings

Police legitimacy and self-rated levels of English proficiency emerged as the most significant factors in predicting the level of cooperation among residents with the police. Furthermore, individuals who have experienced crime victimization in the past were more willing to cooperate with the police compared to those who have not. Additionally, men showed a higher tendency to cooperate with the police compared to women participants.

Originality/value

The findings of this study suggest important implications for the policies and strategies aimed at enhancing the relationship between the Korean American community and the police. These implications include the need for improved language support for non-English speaking community members and the importance of building trust and fostering mutual understanding to cultivate positive police-community relations. By implementing measures based on these findings, it is recommended to promote a more inclusive and effective approach to policing within the Korean American population.

Details

Policing: An International Journal, vol. 47 no. 2
Type: Research Article
ISSN: 1363-951X

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Article
Publication date: 1 April 2024

Selye Lee

While the significance of public cooperation for police effectiveness is widely acknowledged, less is known about factors associated with cooperation in hate crime cases. The…

Abstract

Purpose

While the significance of public cooperation for police effectiveness is widely acknowledged, less is known about factors associated with cooperation in hate crime cases. The current study aims to explore how individuals’ perspectives on police legitimacy, contact experience with police and race/ethnicity shape their willingness to cooperate with police in hate crime incidents.

Design/methodology/approach

This study used a sample of 693 college students and was conducted at a public university in the south-central region of the southern United States of America. Ordinary least squares (OLS) regression models were used to examine factors related to willingness to cooperate with police.

Findings

Findings show that those who have a high level of positive perceptions of police legitimacy and those who have a low level of negative personal experience with police reported more willingness to cooperate. Asian respondents were less likely to report that they would cooperate with police compared to white respondents.

Originality/value

This study, emphasizing the relationships between perceived police legitimacy and positive personal experiences with a willingness to cooperate in hate crime cases, has practical implications. The identification of racial/ethnic differences in cooperation attitudes, particularly the lower likelihood of cooperation among Asian respondents, contributed to the current literature and underscores the importance of considering diverse perspectives and outreach efforts.

Details

Policing: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 11 April 2024

Michael K. Dzordzormenyoh, Claudia Dzordzormenyoh and Jerry Dogbey-Gakpetor

The COVID-19 pandemic provides researchers and practitioners with an opportunity to examine the effect of emergency policing on public trust in the police and augment our…

Abstract

Purpose

The COVID-19 pandemic provides researchers and practitioners with an opportunity to examine the effect of emergency policing on public trust in the police and augment our understanding. Therefore, the primary purpose of this study was to examine the effect of police enforcement of COVID-19 health measures on public trust in the police in Ghana.

Design/methodology/approach

A multivariate binary logistic regression was utilized to assess the effect of police enforcement of COVID-19 health measures on public trust in the police in Ghana using national representative data.

Findings

Our analysis suggests that emergency policing positively influences public trust in the police in Ghana. Additionally, we observed that police-related issues such as corruption and professionalism, as well as demographic factors of the public, influence trust in the police. These observations are helpful for emergency policing and policy development in Ghana.

Originality/value

This study is unique because it uses national representative data to assess the effect of police enforcement of COVID-19 health measures on public trust in the police in Ghana. Furthermore, this study is among the first or among the few from Ghana and the sub-region to examine the nexus between health emergencies and policing.

Details

Policing: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1363-951X

Keywords

1 – 10 of 201