Search results

This study aims to focus on the legal status of the Financial Action Task Force (FATF) regulatory spread in spite of its limited membership in international law. This is conducted by examining the regime of the FATF with the normative regime of public international law and trying to identify common grounds and conflicts between the two.

This study adopted an exploratory approach involving a thorough examination and analysis of accredited text, command papers and reports, archival materials, national obligations, websites as well as other documentary evidence.

This research gives an empirical determinant of compliance behaviour in response to FATF regulatory standards and the interplay of international law.

The findings here are not exhaustive and could be approached from other perspectives. Researchers are therefore encouraged to engage by testing the findings further, as this is only a blueprint for further research.

This study provides implications for the need to open up the current membership of the FATF, as it appears discriminatory in nature and could inhibit effective compliance with its regulatory standards.

FATF regulatory standards do not just revolve around its members and rule-takers but also affect unintended and vulnerable people who were never in contemplation when these regulations were debated without a global consensus.

The main aim of this study is to advocate for a rethink of FATF’s regulatory strategy by ensuring that its operations are more inclusive, where jurisdictions can participate as members, creating a sense of belonging and commitment in the fight against money laundering.

This paper aims to manage the dilemma of cyberspace operations, as the incidence of cybercrimes has increased tremendously in the past few decades, turning cyberspace into a field of war in which all nations must fight. For many countries, cyberattacks and conflicts, and even the basic operation of cyberspace in general, are new territories. Furthermore, international law today does not address many aspects of cyber warfare, as it typically has dealt with only traditional warfare.

This study examined this crime whether it is a domestic or an international crime and whether cyber wars are under international law or domestic law to address these issues.

Although many attempts to criminalize these actions occurred, the findings suggest that the world has failed to frame the legal instruments against cyberattacks. The findings also suggest recommendations to solve this issue.

To the best of the author’s knowledge, this study analyzed the comparison between the same crime in the perspective of domestic and international law, highlighting an unsolved dilemma in the world, suggesting some unprecedented solutions to solve.

The purpose here is to show how the “shadow” economy has grown in scale and impetus in recent years, though even before modern times it has been present (e.g. the City of London, Shaxson, 2011) since at least the middle ages. The reasons for this have become complicated, but we can identify some “deep structures” that are common. Firstly, “globalisation” made it easier for multinationals to escape national regulatory regimes. Secondly, one of the ways neoliberal trading regulations allowed such actors to augment their assets was by means of what they initially called “transfer-pricing” but which now is officially known as “profit shifting” through tax havens. Thirdly, the growth in international trade in legal and illegal ways caused money laundering – even by otherwise respectable banks – to grow across borders. Conversely, from the supply-side, tax haven status was increasingly accessed by jurisdictions that sought to achieve economic growth by supplying tax haven services, both Delaware and Ireland as exemplars of a “developmental” fiscal policy.

This paper adopts a “pattern recognition” design, an approach that is abductive, meaning interpretive, as shown in the observation that explanation can be valid or reliable without direct observation. This is shown in the indirect observation that “rain fell because the terrace has puddles” or “ancient glaciers once carved this valley”.

Reviewing the European Union’s (EU) list of non-co-operating jurisdictions in support of the OECD’s review of base erosion and profit-shifting activity, Collin concluded the EU’s listing “moved the needle” somewhat but was only a modest success. This is because of its reluctance to sanction its own members or large economies like the USA. Data on foreign direct investment and offshore banking assets suggest listed jurisdictions did not suffer notably from being named and shamed. In all cases studied, this contribution found legally damaging, fraudulent, conflict of interest and corrupt practice activities everywhere.

The originality is found in three spheres. Firstly, the pattern recognition method was vindicated in yielding hard to research results. Secondly, the “assemblage-thirdspace” theory was found advantageous in demonstrating the uneven geography of tax haven clusters and their common history in turbocharging economic development. Finally, the empirics showed the ruses executed by cluster members in tax havens to circumvent the law from global management consultancies to micro-firms consisting of tax lawyers and other experts interacting in knowledge supply chains of dubious morality.

The escalation of Turkish intervention in Arab internal affairs before and after the revolutions of the Arab Spring, particularly the military intervention. Sometimes Ankara threatens with military intervention and sometimes establishes large military bases in Arab countries: Qatar, Somalia and Iraq. Moreover, it carries out extensive military operations within the borders of some Arab countries such as Iraq and Syria. This type of behavior requires a study that takes into consideration the reasons of such behavior and future implications on the relations between the Arab and Turkish parties.

The theoretical framework of the study will follow neorealism, as the basis for understanding Turkish pragmatic foreign policy adopted in managing its international relations and interests with various countries.

The situation in Afrin after a year of Turkish occupation confirms this. Erdogan may not go ahead with a new military operation in east Euphrates and northern Syria. He may prefer instead he may deem it better to control the safe area in the north through the revival of the agreement of Adana of 1998. However, Turkey's desire to control northern Syria, which represents a quarter of the country, faces tough resistance of Turkish groups, Russian-Syrian rejection and European-American resentment. Control of the Syrian north may be subject to concessions and consensus among these powers without excluding any of them.

States in the international system, such as companies in the local economy, have the same main interest: that’s survival. It is worth noting that Waltz’s neorealistic theory cannot be applied to domestic national politics. It cannot contribute to the development of state policies relating to its international and internal affairs. His theory only helps to explain the reason behind the similar behavior of countries despite having different forms of governments and diversity of political ideologies. It also explains why the comprehensive international relations have not changed despite the growing decentralization of these countries.

How does neorealism explain Turkish military intervention in Syria since 2016?

International investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic, political and social influence, often intertwining them with public interest issues and implications in human rights violations. This paper aims to explore the profound influence exerted by TNCs in today’s globalized world and its implications for human rights and social responsibility within the framework of international investment law. Particularly, it acknowledges the vulnerability of economically weak South Asian states and cites past instances such as the Bhopal gas tragedy in India and the Rana Plaza disaster in Bangladesh as egregious violations of human rights. Focusing on South Asian bilateral investment treaties (BITs), this paper aims to examine the scope of investors’ social accountability.

This research engages with doctrinal and analytical methods in traversing through primary and secondary sources. It would parse the arbitral tribunals’ jurisprudence for their discussion on the inclusion of social accountability obligations within international investment agreements (IIAs). Further, it engages in a quantitative analysis related to the nature of the social accountability-related obligation of the corporation within South Asian BITs.

The findings reveal a glaring absence of the law on investors’ social accountability and the need for enhanced regulatory mechanisms to address the escalating influence of TNCs on human and social rights. The absence of a robust legal framework, coupled with the asymmetric nature of international investment law, granting investors greater rights and leverage compared to states, exacerbates this challenge. The phenomenon of “regulatory chill” inhibits states from effectively enforcing regulatory measures aimed at protecting human rights and the environment. Furthermore, the broad interpretation of clauses such as “fair and equitable treatment” by investment tribunals often undermines states’ ability to implement measures in the public interest. While international organizations such as the UNCTAD and the UNCITRAL Working Group III are actively discussing reforms to IIAs, the existing guidelines addressing investors’ social accountability are woefully lacking in the content as well as the method of their integration with international human rights law. The findings underscore the imperative for South Asian nations, the subject of this research’s empirical analysis, to adopt a comprehensive approach involving both domestic law reforms to promote corporate social accountability and active pursuit of negotiations for the inclusion of binding social obligations for investors within IIAs.

This research, drawing upon international law developments, offers suggestions for incorporation of social accountability provisions via relevant domestic law reform. The research could be viewed as a prelude for mapping the legal developments in the area of investors’ social accountability within investment agreements, as well as investment contracts, drawing guidance from international law instruments.

To the best of the authors’ knowledge, no other study analysed the scope of investors’ social accountability in South Asian BITs.

This article problematizes the concept of freedom rooted in liberalism, examining the detention of historian Ilan Pappe by the Federal Bureau of Investigation (FBI) at Detroit Airport in the United States as an emblematic case study.

The research adopts a methodological triangulation approach, based on an analysis that combines data about the event and theories about the concept of freedom, problematizing authors who focused on the relationship between the individual and society in a liberal context, where individualism serves as the basis for specific conceptions of social relations.

Through the use of authors such as John Stuart Mill and John Locke, as well as the contributions of authors like Norbert Elias, it is argued that true freedom is relational, rooted in social interdependencies and the social construction of an individuality that is not individualistic but intrinsically linked to collective aspects.

Pappe’s case illustrates the tensions between individual freedom and collective interests, highlighting the need to reassess freedom of expression in complex political and social contexts.

This article proposes a more inclusive and interconnected view of human freedom, where individual and collective interests are negotiated within a dynamic web of social relations.

This paper aims at contributing to our understanding of how self-settled Syrian refugees (registered and non-registered) use informal practices to forge their non-political agency and how this agency could be considered as political acts.

This paper was conducted per the qualitative data analysis (in-depth interviews and participant observation), attributed to the critical ethnographic approach, through which refugees’ everyday struggle is explored, additionally, that was incorporated with the analysis of Syrians’ Facebook groups and formal sources.

The research paper concluded that everyday struggle strategies are considered as political acts by acquiring rights that many self-settled Syrian refugees are stripped of by international humanitarian agencies and host government. Hence, registered and unregistered refugees equally forge what is called “informal citizenship” through their presence via a blend of agency forms ranging from hidden agency to explicit one and via their incorporating into the informal contexts, leading them to carve a position of semi-legality that help them to circumvent the formal structural hardship.

This paper endeavors to study how urban refugees as change agents can convert their illegal presence to “probably refugeeness” to unsettle the prominent recognition of them as illegal non-citizens in southern cities.

This study aims to highlight the many distinguishing characteristics of open-access repositories that archive “Patents” in the Directory of Open-Access Repositories (OpenDOAR) provided by Asian nations.

The OpenDOAR was chosen as a data collection tool that provides a quality-assured list of repositories indexed globally. The data was extracted on 28 March 2023.

The study found that only eight Asian countries contributed to open-access repositories on OpenDOAR, with China being the highest contributor. These countries mainly focused on institutional repositories, primarily using DSpace and English as the main language interface. Web 2.0 tools, especially RSS and Atom, were commonly used, along with some presence of social media platforms on the sites, although to a lesser extent. While many repositories followed the OAI-PMH protocol, a considerable portion did not adopt open-access policies.

To the best of the authors’ knowledge, this study is the first one that brings to light the different features of repositories archiving one of the important content types, i.e. “Patents” in the OpenDOAR by Asian countries.

This paper aims to critically examine how dual-listed multinational enterprises (MNEs) that are embedded across multiple national contexts interact with other actors to shape the diversity, equality and inclusion (DEI) narrative, outcomes and the associated dynamics of social change in the mining industry.

The authors use data from the publicly available sustainability reports of two global mining conglomerates with dual-listing structure, Rio Tinto and Anglo American, alongside prevalent DEI regulations in the UK, Australia and South Africa to understand how DEI discourse and practice and the corresponding role of key actors have evolved since 2015. The authors combine a case study approach with topic modelling and qualitative content analysis to critically analyse the linkage between actors’ stated posture and actions in their DEI field and their impact upon various exchange relationships within the mining industry exchange field over the period 2015–2021.

The analysis revealed three broad phases of evolution in the DEI involvement of the MNEs emphasizing on diversity, equality and inclusion, respectively. Both firms progressed at a different pace across the three phases highlighting the need for a systemic perspective when addressing DEI concerns.

This paper is one of the earliest to adopt an issue and exchange field perspective towards examining the complexity of DEI. Taking a critical performative stance, the authors argue that for improving convergence between MNEs’ DEI rhetoric and reality and to advance DEI in new ways organizations and policymakers must devise structural interventions in the DEI field that substantively impact MNEs’ industry exchange field relationships.

This technical paper has two purposes. It firstly aims to explore Supreme Audit Institutions' information disclosure of Sustainable Development Goals’ related performance auditing practices by focusing on four Balkan countries: Croatia, Montenegro, North Macedonia, and Slovenia. Secondly, it aims to investigate whether membership in the European Union, in conjunction with the adoption of unified EU legislation and best practices in socio-economic and political spheres, influences the level of disclosure practices in SDGs’ auditing and the national approaches to auditing SDG-related topics.

The study employs a content analysis approach to examine the annual reports of SAIs as government audit bodies in the aforementioned countries. The analysis focuses on the disclosure of SDGs’ information and the level of performance auditing conducted concerning the SDGs. Furthermore, the study utilizes the Spearman rank-order correlation test to explore whether membership in the European Union influences the frequency of SDG-related audits and the amount of information disclosed.

The findings highlight that the Slovenian SAI stands out for its comprehensive information disclosure in annual reports related to SDGs or sustainability reporting. It also demonstrates a high level of performance auditing on SDG topics. Following closely are the Macedonian and Croatian SAIs, which also exhibit noteworthy performance in these areas. In contrast, the Montenegrin SAI displays the lowest level of information disclosure and has conducted fewer performance audits related to SDGs. Furthermore, the study reveals that there is no significant correlation between EU membership and the extent of SDG disclosure in the SAIs' annual reports and the level of performance auditing.

It is important to acknowledge that this study is limited in scope, focusing solely on the annual reports of SAIs in four countries. Additionally, the research does not explore the fundamental factors that contribute to the variations in SDG auditing levels among SAIs.

This paper contributes to the expanding literature on the implementation and monitoring of the SDGs by providing valuable insights into the extent of SDG-related performance auditing conducted by SAIs and the level of information disclosure within their annual reports. The findings have implications for policymakers, auditors, and other stakeholders involved in fostering sustainable development practices and accountability mechanisms.