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Open Access
Article
Publication date: 11 December 2023

Vladlena Benson, Umut Turksen and Bogdan Adamyk

This paper aims to focus on the need for an enhanced anti-money laundering (AML) regulation for decentralised finance (DeFi) to protect the integrity of global financial systems…

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Abstract

Purpose

This paper aims to focus on the need for an enhanced anti-money laundering (AML) regulation for decentralised finance (DeFi) to protect the integrity of global financial systems against illicit activities. Research highlights the requirement for a robust regulatory strategy for the fast-paced DeFi evolvement.

Design/methodology/approach

This study used doctrinal legal research by analysing legislation, which involved creating use cases to illustrate different aspects of potential illicit activities via the DeFi ecosystem. Various DeFi applications were assessed for the potential regulatory responses and outcomes.

Findings

This paper offers valuable insight into the regulatory challenges presented by DeFi. This study addresses the blind spots leveraged by criminals afforded by the DeFi’s decentralised nature. This paper offers a comprehensive examination of DeFi regulatory challenges based on use-case scenarios and provides recommendations for regulators on how to address them effectively.

Originality/value

This paper proposes measures for regulatory authorities to minimise money laundering risks through new channels such as decentralised exchanges, non-custodial wallets and cross-chain bridges. This study concludes with the future directions for DeFi regulation and AML compliance.

Details

Journal of Financial Regulation and Compliance, vol. 32 no. 1
Type: Research Article
ISSN: 1358-1988

Keywords

Article
Publication date: 6 February 2024

Joel Nakitare, Fredrick Otike and Lydiah Mureithi

Commercial entities have recently expressed growing interest in commercialising indigenous knowledge (IK) due to its enormous economic and intrinsic value. As this happens…

Abstract

Purpose

Commercial entities have recently expressed growing interest in commercialising indigenous knowledge (IK) due to its enormous economic and intrinsic value. As this happens, custodial communities must not be disadvantaged in the process. This paper aims to understand the legal framework of the commercialisation of IK to identify the opportunities and factors impeding or affecting the commercialisation of indigenous knowledge in Kenya.

Design/methodology/approach

The study used a qualitative research approach. An extensive exploratory literature review of existing legal instruments was done to establish the progress and gaps for commercialising indigenous knowledge in Kenya.

Findings

The study shows that the legal framework of IK in Kenya is inadequate. There are no well-established frameworks and policies to protect IK in Kenya, and thus, host communities are subjected to exploitation. The diversity of tribes and communities makes it challenging to have a clear framework, mainly because IK is a devolved function. The study identifies the Protection of Traditional Knowledge and Cultural Expressions Act 2016, The National Museums and Heritage Act 2006 and the Natural Products Industry as the key milestones towards commercialisation of IK, while inadequate documentation of IK, communal ownership and inadequate legislation were identified as the main impediments to commercialisation of IK in Kenya.

Research limitations/implications

Owing to the diverse cultures and tribal communities in Kenya, the research could not access all the literature on all traditional IK in Kenya, and very few case studies have been conducted in Kenya.

Practical implications

The gaps identified in the legal framework can form a basis for legislation, policy change, actions and research needed to improve the commercialisation of IK.

Originality/value

The paper underscores the importance of balancing economic empowerment with preserving cultural integrity and protecting indigenous rights in commercialisation.

Details

Global Knowledge, Memory and Communication, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9342

Keywords

Book part
Publication date: 19 March 2024

Graham S. Steele

Cryptocurrency arose, and grew in popularity, following the financial crisis of 2008 built upon a promise of decentralizing money and payments. An examination of the history of…

Abstract

Cryptocurrency arose, and grew in popularity, following the financial crisis of 2008 built upon a promise of decentralizing money and payments. An examination of the history of money and banking in the United States demonstrates that stable money benefits from strict controls and commitments by a centralized government through chartering restrictions and a broad safety net, rather than decentralization. In addition, financial crises happen when the government allows money creation to occur outside of official channels. The US central bank is then forced into a policy of supporting a range of money-like assets in order to maintain a grip on monetary policy and some semblance of financial stability.

In addition, this chapter argues that cryptocurrency as a form of shadow money shares many of the problematic attributes of both the privately issued bank notes that created instability during the “free banking” era and the “shadow banking” activities that contributed to the 2008 crisis. In this sense, rather than being a novel and disruptive idea, cryptocurrency replicates many of the systemically destabilizing aspects of privately issued money and money-like instruments.

This chapter proposes that, rather than allowing a new, digital “free banking” era to emerge, there are better alternatives. Specifically, it argues that the Federal Reserve (Fed) should use its tools to improve public payment systems, enact robust utility-like regulations for private digital currencies and limit the likelihood of bubbles using prudential measures.

Details

Technology vs. Government: The Irresistible Force Meets the Immovable Object
Type: Book
ISBN: 978-1-83867-951-4

Keywords

Book part
Publication date: 31 January 2024

Julie Nichols, Lynette Newchurch, Ann Newchurch, Rebecca Agius and David Weetra

Country and cultural heritage are inextricably linked for First Nations peoples. This chapter explores those relationships in the context of repatriating cultural heritage…

Abstract

Country and cultural heritage are inextricably linked for First Nations peoples. This chapter explores those relationships in the context of repatriating cultural heritage materials back to Country and conceptualising a place for its ‘awakening’ for the Ngadjuri community of Mid-North South Australia. These materials in the context of this book ‘interpreted’ as a form of data curation, requiring potentially unique information systems designs to achieve accessibility, recoverability, and durability in remote communities with limited internet and mobile phone coverage. On the other hand, it is critically important to note, that the processes, challenges and repatriation of culturally sensitive materials and remains, are dependant here on the limitations of language. The reference to the notion of ‘data’ as a descriptor, and an inadequate term on some level, does not, and is not intended to, diminish any of their cultural significance and gravity. These are challenges that are worth the intellectual and technological investment to realise a return to Country for generationally displaced peoples and their cultural property that also needs to make it home.

Details

Data Curation and Information Systems Design from Australasia: Implications for Cataloguing of Vernacular Knowledge in Galleries, Libraries, Archives, and Museums
Type: Book
ISBN: 978-1-80455-615-3

Keywords

Article
Publication date: 24 July 2023

Aline Renda and Stefano Caneppele

Criminals have quickly discovered the advantage of crypto assets, with its pseudo-anonymity, untraceability and the ability to freely exchange crypto assets across borders, which…

Abstract

Purpose

Criminals have quickly discovered the advantage of crypto assets, with its pseudo-anonymity, untraceability and the ability to freely exchange crypto assets across borders, which makes it an ideal tool for money laundering activities. Switzerland has a technology-neutral framework, and crypto assets are regulated by the existing anti-money laundering (AML) legislation. The purpose of this paper is to gain insights into the industry adoption of measurements to prevent money laundering through crypto assets and if they are compliant with national and international AML regulations.

Design/methodology/approach

Semi-structured expert interviews were conducted with participants having expertise in compliance, AML and crypto assets with focus on Switzerland. The interviews were analyzed using the thematic analysis.

Findings

The experts have a general consensus that Switzerland is a pioneer when it comes to regulating crypto assets. It is perceived that legislations are released without industry consultation and that AML processes for fiat transactions also work for crypto assets, which is not the case. The results show that the industry wants a consortium to fight money laundering in crypto assets in Switzerland. The current measures to identify money laundering are not optimal, yet, it is the best solution and according to national and international regulations the businesses are perceived to be compliant.

Originality/value

This paper offers new insights on the challenges of AML regulations in crypto assets, given the limited information available. It also provides good practice examples for addressing these challenges, benefiting policymakers, regulators and practitioners in the crypto asset ecosystem.

Details

Journal of Money Laundering Control, vol. 27 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Abstract

Details

Police Responses to Islamist Violent Extremism and Terrorism
Type: Book
ISBN: 978-1-83797-845-8

Open Access
Article
Publication date: 18 April 2024

Lungile Precious Luthuli and Mpho Ngoepe

Municipalities, as the front lines of service delivery, use websites as one of the tools to communicate information to the public. While it is considered a record, many…

Abstract

Purpose

Municipalities, as the front lines of service delivery, use websites as one of the tools to communicate information to the public. While it is considered a record, many organisations, including municipalities, do not manage websites as such. This study aims to explore the archiving of websites as records in the municipalities of KwaZulu-Natal (KZN) Province in South Africa by using the web archiving life cycle model.

Design/methodology/approach

This study used a mixed-methods research with an explanatory design, with quantitative data collected first through content analysis of websites and qualitative data collected through interviews. Researchers used multilevel sampling, first quantitatively analysing all available websites of the municipalities (52) in KZN, and then qualitatively selecting only records managers, information managers, web administrators, communication managers and website managers or designers from municipalities because of their understanding and involvement with websites in some way.

Findings

This study established that some records on municipal websites are often in paper format in record-keeping systems, whereas others are born digital and are not captured in the systems. Municipalities lack a dedicated web online harvesting tool as well as an archiving policy or strategy to guide website archiving. Furthermore, municipalities placed a high reliance on service providers to keep their websites operational.

Research limitations/implications

It became clear during the interviews that most of the participants were unfamiliar with web archiving. As a result, only 12 of the 56 selected participants from the municipalities provided the required information in relation to the current study as others could not provide answers. Data for other participants were not analysed.

Originality/value

Due to a lack of infrastructure for ingesting digital records into archival custody, a framework for harvesting web content of value is proposed both internally in municipalities and externally to an archive repository.

Details

Collection and Curation, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9326

Keywords

Article
Publication date: 6 February 2024

Reyhan Sabri and Belgin Sakallı

Places of worship have historically been maintained using traditional building management techniques, including regular monitoring, upkeep and maintenance provided by their…

Abstract

Purpose

Places of worship have historically been maintained using traditional building management techniques, including regular monitoring, upkeep and maintenance provided by their religious communities. This paper examines the conservation issues arising after the forced displacement of the traditional custodians, which is a significant concern in conflict-ridden environments.

Design/methodology/approach

As a unique example of a long-term conflict, the divided Cyprus provides this research with illustrative cases to derive the data. The research employs content analysis of official documents, physical observations and interviews with conservation professionals.

Findings

This research demonstrates the human and environmental factors impacting the conservation of the material fabric and the use-related challenges stemming from the intangible significance of the religious legacy belonging to displaced communities. It highlights the urgency to formulate more effective mechanisms and regulatory frameworks to address vulnerability issues promptly.

Originality/value

Preservation problems on religious heritage buildings arising from the loss of traditional custodians after conflicts are an under-researched area in conservation literature. Drawing on research that was conducted several decades after the displacement of Cypriot communities, this paper reveals new insights into the magnitude of the conservation problems and the use-related complexities that need to be addressed to formulate mutually acceptable solutions for a sustainable future.

Details

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

Keywords

Article
Publication date: 26 January 2024

Deborah Leshinsky, Stanley McGreal, Paloma Taltavull and Anthony McGough

In Family Law Court decisions in Australia, following divorce, the female party is frequently disadvantaged financially in the long term. This paper provides a critical assessment…

Abstract

Purpose

In Family Law Court decisions in Australia, following divorce, the female party is frequently disadvantaged financially in the long term. This paper provides a critical assessment of valuation evidence as a data source in research and discusses valuation accuracy, valuation variation and valuation bias, as well as the Australian family court system and the role of valuers as expert witnesses. In particular, valuation in family law, as it relates to gender inequality, is discussed. The study aims to determine whether the current system of valuation in the Family Law Courts disadvantages women. This paper was important to reveal information that stakeholders in family law cases use on a day-to-day basis.

Design/methodology/approach

A database of 658 cases was developed and analysed to examine the influence of valuations of the matrimonial home provided by both the male and female parties on the final decision of the court.

Findings

Findings showed that valuations from the female party had marginally more influence on the outcome. However, financial disadvantages for the female party persist despite this. This raises several questions for future research, regarding reasons for this persistent disadvantage.

Research limitations/implications

Research limitations included a time-consuming process.

Practical implications

Further researchers can use the findings from this paper to further research.

Social implications

Social implications include the ability of the research to impact on society. In this regard, it was the matrimonial home in relation to divorce proceedings.

Originality/value

The originality of this paper stems from the analysis of a database that was created from a large number of cases from Austlii database family law cases.

Details

Journal of Property Investment & Finance, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1463-578X

Keywords

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