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Book part
Publication date: 14 August 2023

Cosmas Emeziem

Trafficking1 in human beings is gross.2 It constitutes one of the most egregious violations of human rights.3 The vile nature of human trafficking is also hinged on the fact that…

Abstract

Trafficking1 in human beings is gross.2 It constitutes one of the most egregious violations of human rights.3 The vile nature of human trafficking is also hinged on the fact that it commodifies human beings. Hence its categorisation is modern slavery.4 So much of trafficking activities follow the pathways5 of other transnational forms of organised crimes and irregular cross-border movement of people.6 In response to this egregious crime, several international, regional and country laws and instruments have been used or proposed for combatting human trafficking.7 These instruments forbid trafficking in human persons and provide several preventive measures, prosecution of perpetrators and protection of victims of human trafficking.8 The number of state parties to the United Nations Protocol to prevent suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol), demonstrates the global commitment to combatting human trafficking. However, the COVID-19 pandemic and its impact on legal systems, and the capacity of both state and private institutions to combat human trafficking, has added a knotty twist to the global problem of human trafficking. This essay looks at the trends of human trafficking in light of the COVID-19 pandemic. It also highlights international law and policy approaches that state parties and civil society organisations should adopt to counteract the changes and sustain the fight against human trafficking. Thus, the essay contributes to updating the legal and policy approaches to combat human trafficking in this era.

Details

International Migration, COVID-19, and Environmental Sustainability
Type: Book
ISBN: 978-1-80262-536-3

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Article
Publication date: 1 July 2006

Roderic Broadhurst

Addresses the rapid expansion of computer connectivity and the opportunities provided for criminals to exploit security vulnerabilities in the online environment.

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Abstract

Purpose

Addresses the rapid expansion of computer connectivity and the opportunities provided for criminals to exploit security vulnerabilities in the online environment.

Design/methodology/approach

International efforts to combat cyber‐crime are reviewed by evaluating the forms of mutual legal assistance (MLA) now in place.

Findings

Cyber‐crime is often traditional crime (e.g. fraud, identify theft, child pornography) albeit executed swiftly and to vast numbers of potential victims, as well as unauthorised access, damage and interference to computer systems. Most detrimental are malicious and exploit codes that interrupt computer operations on a global scale and along with other cyber‐crimes threaten e‐commerce. The cross‐national nature of most computer‐related crimes have rendered many time‐honoured methods of policing both domestically and in cross‐border situations ineffective even in advanced nations, while the “digital divide” provides “safe havens” for cyber‐criminals. In response to the threat of cyber‐crime there is an urgent need to reform methods of MLA and to develop trans‐national policing capability.

Practical implications

The international response is briefly outlined in the context of the United Nations (UN) Transnational Organised Crime Convention (in force from September 2003) and the Council of Europe's innovative Cyber‐crime Convention (in force from July 2004). In addition, the role of the UN, Interpol, other institutions and bi‐lateral, regional and other efforts aimed a creating a seamless web of enforcement against cyber‐criminals are described.

Originality/value

The potential for potent global enforcement mechanisms are discussed.

Details

Policing: An International Journal of Police Strategies & Management, vol. 29 no. 3
Type: Research Article
ISSN: 1363-951X

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Article
Publication date: 10 May 2011

Norman Mugarura

The purpose of this paper is to underscore the current supranational anti‐money laundering (AML) regimes articulating challenges of harnessing them as a robust framework. Some…

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Abstract

Purpose

The purpose of this paper is to underscore the current supranational anti‐money laundering (AML) regimes articulating challenges of harnessing them as a robust framework. Some aspects of the above framework are created under the auspices of the United Nations treaties, some are regional‐based initiatives while others are ad hoc arrangements.

Design/methodology/approach

The paper was written on the basis of the supranational framework against money laundering such as the United Nations Convention against drug trafficking and other psychotropic substances. Owing to the limitations of the above AML model law, the paper utilised a qualitative research methodology, exploring a wide range of the current AML regimes. The paper has also exploited the revised AML framework which expands the scope of the offence to encompass, not only proceeds from drug trafficking but also serious criminal activities (smuggling, fraud, serious financial crimes, and the sale of stolen goods). Ideally, the paper has been written based on the provisions of the United Nations Convention against transnational organised crimes and its attendant three protocols adopted in Palermo (2000); and the Financial Action Task Force (2004). The foregoing regimes underscore an essential framework for the study of money laundering and its attendant predicate offences globally.

Findings

The findings of the study clearly demonstrate that the current AML framework is not robust enough to caution countries against the threat of money laundering. There is a gaping gap in the law of money laundering within and between regions even though there is a global framework in place. This is presumably the reason why some countries have not fully transposed some aspects of current AML regimes locally.

Social implications

The gaps in the law against money laundering – both in relation to the way they are created and enforced signify that states still need to do more collectively to stem the threat of money laundering. The current intransigence in application of AML laws in some countries sign‐post the inherent challenges of globalisation of international finance.

Originality/value

While there is a growing body of literature generated on supranational AML regimes, this paper is distinctly based on the interplay of global and local factors in harnessing it. Thus, the research design of this paper is connected by two strands – a review of existing supranational AML framework and the inherent challenges faced by individual states in domesticating it. The paper is also written based on some practical experiences of harnessing global AML regimes in some countries.

Details

Journal of Financial Regulation and Compliance, vol. 19 no. 2
Type: Research Article
ISSN: 1358-1988

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Article
Publication date: 5 October 2015

Jonathan Clough

The purpose of this paper is to consider potential criminal law responses to the global challenge of “identity crime”. In particular, it focuses on a specific offence of “identity…

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Abstract

Purpose

The purpose of this paper is to consider potential criminal law responses to the global challenge of “identity crime”. In particular, it focuses on a specific offence of “identity theft”. It begins with a discussion of the meaning of “identity” in the context of modern transactions, before defining “identity crime” and related terms. Legal responses are then considered before turning to the importance of harmonisation. The transnational nature of modern identity crimes makes it essential that law enforcement agencies not only have suitable offences at their disposal but also the frameworks to facilitate international cooperation.

Design/methodology/approach

Given the increasingly transnational and organized nature of modern identity crime, this paper adopts a comparative approach. It draws upon provisions from Australia, Canada, the UK and the USA. It also looks at responses to identity crime at the regional and international level.

Findings

Although there is currently no international instrument which specifically and comprehensively addresses identity theft, it is argued that there is an urgent need for further international discussion as to the desirability and form of identity theft provisions. While international agreement may not be reached, such discussions are important in assisting countries to develop appropriate legal frameworks and capacity to address the modern fraud environment.

Originality/value

It is hoped that this paper will contribute to, and facilitate, important ongoing discussions as to the most effective ways in which to tackle identity crime at the national and international levels.

Details

Journal of Financial Crime, vol. 22 no. 4
Type: Research Article
ISSN: 1359-0790

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Abstract

Details

Crime and Human Rights
Type: Book
ISBN: 978-0-85724-056-9

Article
Publication date: 1 April 2019

Frank G. Madsen

The purpose of this paper is threefold; first, to show the role played by the United Nations (UN) in the fight against transnational organized crime; second, to analyze two…

Abstract

Purpose

The purpose of this paper is threefold; first, to show the role played by the United Nations (UN) in the fight against transnational organized crime; second, to analyze two subject areas, commercial sexual exploitation of children and mutilation of albinos, in which the Organization gives voice to the often voiceless victims; and third, to examine the role the UN may or should be called on to play in the postulated cooperation between high-level investigative means and personnel on the ground.

Design/methodology/approach

The paper relies on information generated by international organizations (Red Cross and UN) and media reports.

Findings

Although commercial sexual exploitation of children in many if not most advanced jurisdicitions is a crime with extraterritorial jurisdiction in the sense that perpetrator can be tried in, say, an advanced country for violations in a developing country, and considering that this crime has a strong international component, it has proved difficult to investigate. This is caused by the procedural difficulties in collecting proofs in one jurisdiction for use in another, transport of victims and witnesses, etc. Therefore, among many other measures, advanced countries should further tighten the investigation of so-called sex tourism clearly targeting children. Mutilation of persons with albinism is strongly linked to superstition and although often involving international trade, must be strongly countered by information. Again the UN plays and should play a leading role.

Research limitations/implications

Research in these and similar areas is quite obvious hindered by the so-called “dark number syndrome”, i.e. as the subject-matter is both illegal and the target of strong moral condemnation, it is difficult to get more than a small, hopefully representative, set of cases to examine.

Practical implications

Advanced countries must assist in limiting and hopefully stopping the overseas sex tourism involving underage individuals. Also, through the UN, the only moral arbiter we have, the international community should assist in informing and teaching, in particular, in the countries around the big lakes in Africa and in Malawi to bring to an end this kind of superstition. Likewise, the UN should act as a bridge, allowing sophisticated investigative means to link up with less sophisticated ones, in particular in the area of abuse of the environment (pachyderms in Africa and protected fisheries breeding grounds).

Social implications

From the previous paragraph, it is obvious, so it seems, that at least the commercial sexual exploitation of children and the mutilation of albinos can only be countered though a conscious effort at training aimed at the social layers – mostly in rural areas – where both superstition (albinos and brains of bald males) and the habitual view of children, in particular, but not only girls, as a source of income are prevalent.

Originality/value

The paper does not attempt to present original material. Rather it emphasizes the role of the UN in protecting the unprotected and promotes ideas with which to commence pushing back against the serious destruction of animals, including fishes.

Details

Journal of Financial Crime, vol. 26 no. 2
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…

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Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 February 2001

Winston P. Nagan

The Palermo Conference represents an important paradigm of civic responsibility that holds important global lessons for the kind of solidarity and cooperation necessary to…

Abstract

The Palermo Conference represents an important paradigm of civic responsibility that holds important global lessons for the kind of solidarity and cooperation necessary to transform the harsh reality of private and even public tyranny into the higher ideals of civic decency. It is the predicate that defends the rule of law precept as a stabilising and transformative component of a world order that honours and respects the dignity of all the people. The theme of the symposium where this paper was first presented was, of course, the rule of law in the global village. More specifically, the title here is ‘The Rule of Law: Lofty Ideal or Harsh Reality?’ How then does the UN convention against Transnational Organized Crime, in general, impact on the major themes just specified? What does the convention have to do with the rule of law and the earth‐space community, visualised as a global village?

Details

Journal of Financial Crime, vol. 8 no. 4
Type: Research Article
ISSN: 1359-0790

Open Access
Book part
Publication date: 19 November 2020

Abstract

Details

The Impact of Global Drug Policy on Women: Shifting the Needle
Type: Book
ISBN: 978-1-83982-885-0

Open Access
Article
Publication date: 24 August 2021

Muhammad Saleem Korejo, Ramalinggam Rajamanickam and Muhamad Helmi Md. Said

This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the

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Abstract

Purpose

This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the international anti-money laundering (AML) regime over the time. It proposes how to limit the size and scope of predicate offences in designing a balanced legal definition.

Design/methodology/approach

This paper opted a content analysis focussed on the criminalization aspect of offences to money laundering in the international AML regime under the United Nations Conventions (Vienna, Palermo and Corruption Convention) and Financial Action Task Force Standards.

Findings

This paper provides how the criminalization of money laundering has evolved and its definition expanded over the time. The international definition is widely drafted with wide range of predicate offences from proceeds of drug money to corruption, including terrorist financing and terrorist acts; however, the two phenomena – money laundering and terrorist financing are quiet distinct apart. This continual expansion of predicate offences quite leads legality issues such as over-criminalization and conflict with principles of criminal law. This paper suggests an approach to limit the size and scope of predicate offences to money laundering.

Practical implications

This paper includes implications for the development of a balanced approach in defining predicate offences through a qualitative limitation approach consistent with the minimalist theory of penalization of criminal law.

Originality/value

This paper attains an identified issue how the legal definition of the money laundering offence can be improved while considering rule of law and principles of criminal law concerns.

Details

Journal of Money Laundering Control, vol. 24 no. 4
Type: Research Article
ISSN: 1368-5201

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