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1 – 10 of 26The 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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This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration…
Abstract
Purpose
This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt.
Design/methodology/approach
The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent.
Findings
Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases.
Research limitations/implications
The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate).
Originality/value
The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.
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Muhammad Saleem Korejo, Ramalinggam Rajamanickam, Muhamad Helmi Md. Said and Erum Naseer Korejo
This paper aims to debate moral and legal dilemma embedded with plea bargaining (PB) and raises a question whether the approach of “PB” is a viable tool to tackle financial crimes…
Abstract
Purpose
This paper aims to debate moral and legal dilemma embedded with plea bargaining (PB) and raises a question whether the approach of “PB” is a viable tool to tackle financial crimes and to what extent it contributes in recovery of stolen money. This paper critically examines the concept with reference to relevant laws of the USA, the UK, Pakistan and Nigeria.
Design/methodology/approach
This study used legal scholarship, jurisprudence and other open source data to analyze issues in the application of PB as a viable tool in asset recovery and financial crimes.
Findings
This paper provides that PB has certain moral and legal dilemma in terms of legality and punishment; the concept offers a sense of escape from criminal punishment by simply return of partial stolen money or “settlement” in exchange of discounted punishment even without imprisonment, thus incentivizing an offender. Further, the concept is unregulated, misapplied especially in developing world like Pakistan and Nigeria, where plea bargain laws are mostly manipulated by white-collar individuals. Therefore, this study recommends the amendment of relevant laws pertaining to PB; construction of “plea bargain handbook” to prevent arbitrariness and misapplication and to ensure transparency in its application; legislations like Speedy Trail Act; creation of “Fast Track-Model Courts” and a balancing system between “settlement” and “deterrence.”
Originality/value
Perspectives on PB are brought to bear from financial crime and malpractice and recovery of stolen money.
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Jacqui-Lyn McIntyre, Duane Aslett and Nico Buitendag
This paper aims to focus on the use of unexplained wealth orders (UWOs) in South Africa as a civil method to act upon lifestyle audit results that have indicated wealth from…
Abstract
Purpose
This paper aims to focus on the use of unexplained wealth orders (UWOs) in South Africa as a civil method to act upon lifestyle audit results that have indicated wealth from unknown, possibly unlawful, sources.
Design/methodology/approach
This paper applied a comparative methodology. Legislation and the application of UWOs in Ireland, the UK and Australia were compared with the situation in South Africa.
Findings
It is proposed that South Africa includes UWO legislation within its Prevention of Organised Crime Act or be established as a separate piece of legislation. Also, South Africa should follow both the civil and criminal route to target the proceeds of crime.
Originality/value
Corruption in South Africa is rampant and, without the necessary legislation, impossible to fight. For these purposes, this paper proposes measures to be used from a civil forfeiture perspective.
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Meiryani, Sani Muhamad Isa and Johan Muliadi Kerta
In the case of money laundering (ML) originating from the predicate crime of corruption, law enforcers find it difficult to prove all or the existence of a predicate crime on…
Abstract
Purpose
In the case of money laundering (ML) originating from the predicate crime of corruption, law enforcers find it difficult to prove all or the existence of a predicate crime on assets that produce assets. This paper aims to analyze ML in corruption cases in Indonesia.
Design/methodology/approach
This research uses qualitative descriptive methods. This research discusses the law enforcement of corruption which coincides with the crime of ML.
Findings
New findings were discovered where against the corruption case which was carried out concurrently with the crime of money laundering, the value of which was Rp. 1bn and above and has been handled by investigators from the Corruption Eradication Commission (KPK), so the prosecution process is carried out by the public prosecutor from the KPK to continue the trial to the Corruption Court. With respect to cases of criminal acts of corruption, which were carried out concurrently with ML crimes, the value of which was Rp. 1bn and below and had been handled by the prosecutor’s investigators from the start, the prosecution process was carried out by the public prosecutor from the prosecutor’s office to continue the trial to the corruption court.
Originality/value
To the best of the authors’ knowledge, this is the first study to use normative perspective on ML in corruption cases (white-collar crime). In contrast to previous studies that take fraud in general as an object of research, researchers are now interested in focusing more research on detecting suspected ML crimes: a case study on corruption cases in Indonesia.
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Bedri Bahtiri, Gani Asllani and Simon Grima
This chapter addresses the main issues regulating property rights in Kosovo, with particular attention given to the public property. Through this chapter, an effort will be made…
Abstract
This chapter addresses the main issues regulating property rights in Kosovo, with particular attention given to the public property. Through this chapter, an effort will be made to present a short historical overview of property forms in Kosovo, especially its transformation from one kind to another in the past as a part of former Yugoslavia, during the period of the 90s and for the period of UNMIK Administration, as well as an objective reflection of the current state of the legislation of the Republic of Kosovo with concern to public property.
The authors carried out a desk review of academic literature, national and international regulation, reports provided by international institutions and other available important resources. Besides the theoretical review of international and local literature, legislation in Kosovo and other relevant documents, the chapter focusses on practical research by analysing the relevant legal property acts in Kosovo and the current situation in ownership and property rights, nidificate legal vacuum and existing weaknesses.
The legal acts in Kosovo have not sufficiently regulated state property’s status, so the question of which level of power is competent to manage state property has become an object of various interpretations.
The authors herein propose a few measures to regulate real property right with special attention to one public property.
The authors define the need to regulate property forms in Kosovo and their harmonisation, such as undertaking the proper coordinated steps to have an adequate property rights regime.
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With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of…
Abstract
Purpose
With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective.
Design/methodology/approach
The present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners.
Findings
The current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity.
Social implications
Community of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context.
Originality/value
This paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.
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Nasir Sultan and Norazida Mohamed
The study aims to explore the challenges of developing jurisdictions like Pakistan in achieving significant mutual legal assistance from the international community, especially…
Abstract
Purpose
The study aims to explore the challenges of developing jurisdictions like Pakistan in achieving significant mutual legal assistance from the international community, especially for sharing financial information.
Design/methodology/approach
A qualitative approach of semi-structured interviews was adopted to complete the study’s objective. The selection of financial experts for interviews was based on purposive sampling.
Findings
This study concluded that Pakistan is facing several challenges, including mistrust of the international community; political disinterestedness and instability; delaying tactics in implementation, capacity and resources of law enforcers; and proximity with hostile neighbours.
Originality/value
Rare studies discussed this issue in the Pakistani context.
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Howard Chitimira and Oyesola Animashaun
Banditry and terrorism constitute serious security risks in Nigeria. This follows the fact that Nigeria is rated as one of the leading states in the world that is plagued by…
Abstract
Purpose
Banditry and terrorism constitute serious security risks in Nigeria. This follows the fact that Nigeria is rated as one of the leading states in the world that is plagued by terrorism. Terrorists and bandits usually embark on predicate crimes such as kidnapping, smuggling, narcotics trade, and similar trades to finance their terrorist enterprises in Nigeria. The funds realized by criminals from nefarious sources such as sales of narcotics and ransom from kidnapping are usually laundered to make their criminal enterprises self-sustaining. Thus, all “dirty” money is laundered so as not to attract the attention of law enforcement agents. The funds realized through receipt of ransom from kidnapping, smuggling or funds from sponsors are laundered through channels such as bureau de change, which are difficult to monitor by the Nigerian authorities due, in part, to flaws and loopholes in the current anti-money laundering and anti-terrorist laws. This paper aims to adopt a doctrinal and qualitative desktop research methodology. In this regard, the current anti-money laundering and anti-terrorist laws are discussed to explore possible measures that could be adopted to remedy the flaws and loopholes in such laws and combat money laundering and financing of terrorism in Nigeria.
Design/methodology/approach
The article analyses the regulation and combating of money laundering and terrorist financing activities in Nigeria. In this regard, a doctrinal and qualitative research method is used to explore the flaws in the Nigerian anti-money laundering laws so as to recommend possible remedies in respect thereof.
Findings
It is hoped that policymakers and other relevant persons will use the recommendations provided in this article to enhance the curbing of money laundering and terrorist financing activities in Nigeria.
Research limitations/implications
The article is not based on empirical research.
Practical implications
This study is important and vital to all policymakers, lawyers, law students and regulatory bodies in Nigeria and other countries globally.
Social implications
The study seeks to curb money laundering and terrorist financing activities in Nigeria.
Originality/value
The study is based on original research which is focused on the regulation and combating of money laundering and terrorist financing activities in Nigeria.
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Mathias Chukwudi Isiani, Stanley Jachike Onyemechalu, Somtochukwu C. Osinem, Sopuluchukwu Amarachukwu Dimelu and Ngozika Anthonia Obi-Ani
This study examines the cultural history of the Api-Opi deity in Opi, Nsukka, Enugu State of Nigeria. The study sets out to examine the re-emergence of youthful worshippers of…
Abstract
Purpose
This study examines the cultural history of the Api-Opi deity in Opi, Nsukka, Enugu State of Nigeria. The study sets out to examine the re-emergence of youthful worshippers of Api-Opi, despite the penetration of Christianity in the area.
Design/methodology/approach
The study employed ethnographic observation and field visits to the shrine of Api-Opi in Opi community of Enugu State, Nigeria. In addition, this study uncovers new information drawn from semi-structured interview questions undertaken in the study area between March and October of 2019.
Findings
Against certain claims on the impact of Christianity on Africa's traditional religions, the study found that the Api-Opi deity has withstood these post-colonial changes, growing its followership, particularly amongst the youths. It demonstrated the resilience of Igbo Traditional Worship System even in the midst of culture clash and religious iconoclasm advanced by Christianity in Igboland, Nigeria.
Originality/value
Evidence from this study helps debunk the notions of Eurocentric scholars who say African traditional religions are fetish, barbaric or primitive. It also shows how indigenous communities have protected and preserved their religious heritage despite the wave of modernization and other eternal influences. The study contributes to the increasing conversations about the role of traditional religion in the cultural resilience/revitalization of indigenous communities.
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