Search results

1 – 10 of over 7000
Article
Publication date: 18 September 2017

Sara De Vido

The paper is meant to analyse the debate over the revival of a comprehensive convention on international terrorism. The purpose of this paper is to demonstrate that a United…

Abstract

Purpose

The paper is meant to analyse the debate over the revival of a comprehensive convention on international terrorism. The purpose of this paper is to demonstrate that a United Nations (UN) Convention on international terrorism is still necessary – provided that it is updated considering the new challenges that have recently emerged – and could be complemented by an annex containing the list of terrorist organisations, the determination of which is of common concern of the entire international community.

Design/methodology/approach

The analysis is conducted from an international law perspective. The paper uses a comparative perspective – counter-terrorism, Antarctic and ICAO system - to support the main argument.

Findings

The paper proposes an annex to the convention including a list of terrorist organisations. Some terrorist organisations are unanimously labelled as terrorist and therefore this list will be useful in developing cooperation among States. A system of revision is also presented; a system which emphasises the role of the UN Ombudsperson.

Research limitations/implications

The proposal presented does not delve into the content of the convention which should be based on the draft prepared by the UN General Assembly ad hoc Committee and should take into account the most recent forms of terrorism. The paper does not provide an answer to all the questions, and it does not linger over the tragedy of civilians living in Syria and Iraq who have been deprived – starting long before the rise of the Islamic State – of their land and lives.

Practical implications

Revival of the debate on the draft convention – proposal for a renewed role of the Ombudsperson – legal implications of a list annexed to a convention on international terrorism – importance of multilateral cooperation in the field.

Originality/value

The paper is innovative in changing the perspective of the problem. The point of view regarding the definition of international terrorism has usually been the following: to find a common definition of international terrorism trying to overcome all the differences regarding general exceptions. The proposed perspective is to find the lowest common denominator for the definition and to identify organisations on which States cannot but agree on their condemnation.

Details

Journal of Criminological Research, Policy and Practice, vol. 3 no. 3
Type: Research Article
ISSN: 2056-3841

Keywords

Article
Publication date: 1 March 2009

Manfred Nowak and Adriana Zarraluqui

This article describes and clarifies the human rights of persons with disabilities in the context of detention in light of the recently adopted and already in force Convention on…

Abstract

This article describes and clarifies the human rights of persons with disabilities in the context of detention in light of the recently adopted and already in force Convention on the Rights of Persons with Disabilities (the Convention). Focusing on the Convention, the article sheds light on the legality of certain forms of detention affecting persons with disabilities, the substantive and procedural requirements for their detention, and on their rights in relation to conditions of detention. This article also provides an account of the different treatments and practices inflicted on persons with disabilities in prisons and other institutions and assesses whether they constitute torture and ill treatment. The authors argue that the Convention on the Rights of Persons with Disabilities represents a paradigm shift that requires States to modify and adopt laws, policies and practices that fully respect the right to liberty of persons with disabilities, and their equal enjoyment of rights while in detention, including the right to be free from torture and ill treatment.

Book part
Publication date: 1 January 2014

This chapter is about child labour as slavery in modern and modernizing societies in an era of rapid globalization.For the most part, child slavery in modern societies is hidden

Abstract

This chapter is about child labour as slavery in modern and modernizing societies in an era of rapid globalization.

For the most part, child slavery in modern societies is hidden from view and cloaked in social customs, this being convenient for economic exploitation purposes.

The aim of this chapter is to bring children's ‘modern slavery’ out of the shadows, and thereby to help clarify and shape relevant social discourse and theory, social policies and practices, slavery-related legislation and instruments at all levels, and above all children's everyday lives, relationships and experiences.

The main focus is on issues surrounding (i) the concept of ‘slavery’; (ii) the types of slavery in the world today; (iii) and ‘child labour’ as a type, or basis, of slavery.

There is an in-depth examination of the implications of the notion of ‘slavery’ within international law for child labour, and especially that performed through schooling.

According to one influential approach, ‘slavery’ is a state marked by the loss of free will where a person is forced through violence or the threat of violence to give up the ability to sell freely his or her own labour power. If so, then hundreds of millions of children in modern and modernizing societies qualify as slaves by virtue of the labour they are forced – compulsorily and statutorily required – to perform within schools, whereby they, their labour and their labour power are controlled and exploited for economic purposes.

Under globalization, such enslavement has almost reached global saturation point.

Book part
Publication date: 15 July 2021

Cengiz Mesut Tosun

Turkey has witnessed the mass migration movement of Syrian citizens fleeing the Syrian civil war. These people have been defined as ‘foreigners under temporary protection’…

Abstract

Turkey has witnessed the mass migration movement of Syrian citizens fleeing the Syrian civil war. These people have been defined as ‘foreigners under temporary protection’. However, the UN Convention does not include temporary protection or similar definitions in relation to migrants, refugees, and asylums and accepts them as migrant workers. In our country, people under temporary protection, whose majority is composed of Syrians work in informal jobs. The most important document aiming at granting legal rights to people who are found in a country without any legal position or who is identified as an irregular worker, not as an employee and migrant worker, is the International Convention for the Protection of the Rights of All Migrant Workers and Their Families. Turkey has become a party to this document. The UN Convention gives immigrant workers and family members a wide range of protective rights, such as work, settlement, education, and trade union rights. In this chapter, the positions of foreigners in temporary protection who are trying to make a living by collecting recyclable materials such as mostly paper, etc., which is defined as a part of the street economy, will be discussed in terms of the provisions of the UN Convention.

Details

A New Social Street Economy: An Effect of The COVID-19 Pandemic
Type: Book
ISBN: 978-1-80117-124-3

Keywords

Article
Publication date: 13 May 2009

David Towell

The recent UN Convention on the Rights of Persons with Disabilities provides a powerful vision of the opportunities and support which should be available to intellectually…

Abstract

The recent UN Convention on the Rights of Persons with Disabilities provides a powerful vision of the opportunities and support which should be available to intellectually disabled people and their families, based on a principled commitment to equal citizenship. When ratified nationally, this wide‐ranging Convention has the force of law. Nevertheless there is a long road to travel in securing its successful implementation. Looking across different aspects of the Convention (concerned for example with education, community living or employment) we can identify three common ‘building blocks’ for progress, focused respectively on strengthening self‐determination, promoting mainstream inclusion and providing personalised support. Experience in many countries of the ‘North’ suggests 12 key elements in national and local strategies to address these three requirements. It also points to the need for active partnership between civil society organisations, government and the current service system in which managers and other professional staff can play an important catalytic role. One priority is to invest in developing the capacity for the whole‐system leadership required to bring together the other 12 elements of strategy so as to create a virtuous spiral of positive change. We need to find effective ways of sharing experience across countries on how all this can best be done.

Details

Tizard Learning Disability Review, vol. 14 no. 2
Type: Research Article
ISSN: 1359-5474

Keywords

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.

20411

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

Keywords

Article
Publication date: 6 July 2015

Hamed Tofangsaz

The purpose of this paper is to examine whether the counter-terrorism financing regime provides a solid platform for a better understanding of who should be considered terrorists…

1054

Abstract

Purpose

The purpose of this paper is to examine whether the counter-terrorism financing regime provides a solid platform for a better understanding of who should be considered terrorists or what forms terrorism, terrorist acts and terrorist groups, the financing of which is the subject matter. In the absence of an internationally agreed definition of terrorism, the question which needs to be posed is whether there is a clear and common understanding of what constitutes terrorism, terrorist acts and terrorist groups, the financing of which needs to be stopped. That is, from a criminal law perspective, whether the Terrorist Financing Convention, as the backbone of the counter-terrorist financing regime, clarifies what types of conduct, by who, in what circumstances and when, against whom (targets or victims) and with what intention or motivation should be considered terrorism?

Design/methodology/approach

It will be explained how and why it has been difficult to reach an agreement on the definition of terrorism. The endeavour of the drafters of the Terrorist Financing Convention and others involved in countering terrorist financing to establish a general definition of terrorism will be examined.

Findings

The record of attempts to define the elements of terrorism proves that it is hardly possible to reach an agreement on a generic definition of terrorism because the concept of terrorism is elusive and subject to various understandings. Even the definition provided by the Terrorist Financing Convention, is not convincing.

Originality/value

With regard to the findings, this paper calls for further research on the legal consequences of the implementation of the terrorist financing-counter measures, while the scope of terrorism, terrorist acts and terrorist organizations have been left vague.

Details

Journal of Financial Crime, vol. 22 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 18 June 2018

John-Stewart Gordon and Felice Tavera-Salyutov

The purpose of this paper is to examine and comment on disability rights legislation by focusing on international documents on people with impairments of the last decades, in…

Abstract

Purpose

The purpose of this paper is to examine and comment on disability rights legislation by focusing on international documents on people with impairments of the last decades, in order to provide more information on the dynamics of the disability rights movement and their moral plea for full inclusion.

Design/methodology/approach

By analyzing the international legislation and most important guidelines with respect to people with impairments, it is possible to portray a socio-political change by unfolding the agenda of the historical dimension of the decisive events.

Findings

The long and difficult struggle of people with impairments to beneficiaries of full human rights protection is a fundamental socio-political change that is documented by adhering to important international legislation and guidelines.

Originality/value

The examination of recent international legislation with respect to people with impairments provides historical context for current developments in the context of disability and full inclusion by conceding human rights as their moral and legal foundation.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 37 no. 5
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 3 February 2020

Chat Le Nguyen

The purpose of this paper is to examine the international standards for establishing national jurisdiction over the transnational crimes of money laundering and bribery and…

1047

Abstract

Purpose

The purpose of this paper is to examine the international standards for establishing national jurisdiction over the transnational crimes of money laundering and bribery and identify challenges to the adoption of those standards by different states in practice.

Design/methodology/approach

This paper, first, defines transnational money laundering and transnational bribery; then, it examines the legal bases and principles on which a state can claim criminal jurisdiction over these offences. This paper also discusses the application of jurisdictional conditions in a transnational context and how to deal with the problems arising from national claim of jurisdiction over these offences, for example, jurisdictional concurrence.

Findings

This paper argues that when the jurisdictional concurrence occurs, the involved states should consult one another by taking into account a number of relevant factors and take the “centre of gravity” approach to deciding which state or forum should prosecute eventually. States less able to establish jurisdiction over the offences are often those which have a weak legal basis and/or insufficient resources.

Originality/value

To the authors’ knowledge, this article would be the good guidance on how a state could claim jurisdiction over the offences of transnational money laundering and transnational bribery.

Details

Journal of Financial Crime, vol. 27 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

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…

8774

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

Keywords

1 – 10 of over 7000