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Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter examines World War II and its impact on international and military law. It covers the war’s key crimes, the Nürnberg and Tokyo tribunals, and the creation of the…

Abstract

This chapter examines World War II and its impact on international and military law. It covers the war’s key crimes, the Nürnberg and Tokyo tribunals, and the creation of the United Nations, the Four Geneva Conventions of 1949, and the Genocide Convention of 1948.

Details

A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

Keywords

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

Keywords

Book part
Publication date: 4 October 2024

John W. Bagby

Financial technologies form the heart of considerable disruptive innovation. Fintech is the emerging financial infrastructure for modern business. Big data are the feedstock for…

Abstract

Financial technologies form the heart of considerable disruptive innovation. Fintech is the emerging financial infrastructure for modern business. Big data are the feedstock for artificial intelligence (AI) that drives many fintech sectors – start-up finance, commodities and investment instrumentation, payment systems, currencies, exchange markets/trading platforms, market-failure response forensics, underwriting, syndication, risk assessment, advisory services, banking, financial intermediaries, transaction settlement, corporate disclosure, and decentralized finance. This chapter demonstrates how analyzing big data, largely processed through cloud computing, drives fintech innovations, scholarship, forensics, and public policy. Despite their apparent virtues, some fintech mechanisms can externalize various social costs: flawed designs, opacity/obscurity, social media (SM) influences, cyber(in)security, and other malfunctions. Fintech suffers regulatory lag, the delay following the introduction of novel fintechs and later assessment, development, and deployment of reliable regulatory mechanisms. Big data can improve fintech practices by balancing three key influences: (1) fintech incentives, (2) market failure forensics, and (3) developing balanced public policy resolutions to fintech challenges.

Details

The Emerald Handbook of Fintech
Type: Book
ISBN: 978-1-83753-609-2

Keywords

Article
Publication date: 25 September 2024

David Gannon

The purpose of this study is to examine the recruitment practice of small and medium-sized enterprises (SMEs) in the Czech Republic to learn whether it encourages or discourages…

Abstract

Purpose

The purpose of this study is to examine the recruitment practice of small and medium-sized enterprises (SMEs) in the Czech Republic to learn whether it encourages or discourages former offenders from attempting to attain work after release.

Design/methodology/approach

A qualitative approach was taken to understand the perspective of SME company owners and decision-makers within the Czech Republic. In all, 25 semi-structured interviews were conducted which examined the current recruitment practice and individual attitudes towards employing former offenders.

Findings

Through a change of employer perception, working with support agencies and amending recruitment practice, opportunities can be created for former offenders in the workplace to assist their rehabilitation. This would assist with overcoming employer attitudes which have little sense of responsibility to helping former offenders with reintegration through employment. Recruitment practices focus heavily on past accomplishments and the existence of a criminal record which can disincentivise former offenders from applying for work because of their stigmatised identity. Prior experience with offenders can lead to a change of attitude and offers a vector for changing employer attitudes. In combination with linkage to agencies which work with former offenders, small businesses could amend their recruitment practice and provide support for former offenders on their rehabilitation journey.

Research limitations/implications

This study is based on a limited sample size, only 25 responses, and the need for translation from English to Czech could have led to a loss of nuance in the responses gathered. With asynchronous interviews also being used, some brief responses limited the insight which could have been gained.

Practical implications

The findings of this study highlight areas of practice which can be amended to better attract former offenders, being future-focused rather than past-focused.

Social implications

Enhancing employment opportunities for former offenders would be a major enhancer for their reintegration efforts and lower the associated social costs to society.

Originality/value

Prior research has been conducted into the offender experience, with recruiter/owner receiving far less attention. Most prior studies have been quantitative in nature, with few using a qualitative approach.

Details

Safer Communities, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1757-8043

Keywords

Article
Publication date: 24 September 2024

José Antonio Gouvêa Galhardo and Cesar Alexandre de Souza

This study aims to investigate the regulatory challenges of emerging disruptive Information and Communication Technologies (ICT) in Brazil and the strategies regulators use to…

Abstract

Purpose

This study aims to investigate the regulatory challenges of emerging disruptive Information and Communication Technologies (ICT) in Brazil and the strategies regulators use to address them.

Design/methodology/approach

It is an empirical qualitative research on Brazil’s three administrative levels, focusing on the legislative houses’ specialised Science and Technology Committees. It combines archival analysis of public meeting records with elite interviews of parliamentarians and technocrats who participated in Public Hearings in 2019, which results in this paper analysed through the Theory of Communicative Action with a critical stance.

Findings

The research reveals that regulatory challenges gain new dimensions by involving discussions about emerging ICT. Factors such as time constraints, rapid technological evolution and widespread adoption compound these challenges, straining the preference for the incremental pace of regulation and the traditional model of specialised regulatory agencies. The research captures some regulators’ values, underlying concerns and perceived necessities for surmounting these challenges. It also outlines the preferred process for ICT regulation, revealing parliamentary assistants and executive intermediate-level specialists as gateways for interest groups’ action.

Social implications

The study's findings highlight the crucial role of specific actors as gateways to the covert action of interest groups, particularly Big Tech firms. This contribution is significant as it empowers civil society and academia to monitor and mitigate the risk of regulatory capture, thereby promoting a more transparent and equitable regulatory environment.

Originality/value

This research is original in directly engaging with the key figures (lawmakers, legislative assistants and specialised bureaucrats) involved in the critical and timely issue of regulating emerging disruptive technologies.

Details

Transforming Government: People, Process and Policy, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1750-6166

Keywords

Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter examines the explosion in International Humanitarian Law between the US Civil War and World War I. The primary foci are the Hague Conventions on land warfare and the…

Abstract

This chapter examines the explosion in International Humanitarian Law between the US Civil War and World War I. The primary foci are the Hague Conventions on land warfare and the Geneva Conventions for the sick and wounded. This body of treaties is the foundation of IHL and the modern laws of war. Most of central issues in the international laws of war emerge in this period.

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