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1 – 10 of 472
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…

8961

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

Open Access
Article
Publication date: 3 July 2023

Hung T. Nguyen

This paper aims to offer a tutorial/introduction to new statistics arising from the theory of optimal transport to empirical researchers in econometrics and machine learning.

Abstract

Purpose

This paper aims to offer a tutorial/introduction to new statistics arising from the theory of optimal transport to empirical researchers in econometrics and machine learning.

Design/methodology/approach

Presenting in a tutorial/survey lecture style to help practitioners with the theoretical material.

Findings

The tutorial survey of some main statistical tools (arising from optimal transport theory) should help practitioners to understand the theoretical background in order to conduct empirical research meaningfully.

Originality/value

This study is an original presentation useful for new comers to the field.

Details

Asian Journal of Economics and Banking, vol. 7 no. 2
Type: Research Article
ISSN: 2615-9821

Keywords

Open Access
Article
Publication date: 31 December 2009

Linbo Jing and Xuefeng Wang

This paper summarizes the severity of global warming, collaboration and endeavor within international government and the trend of international development for “energy-saving and…

Abstract

This paper summarizes the severity of global warming, collaboration and endeavor within international government and the trend of international development for “energy-saving and emission reduction.” The Chinese government is enduring high pressure under the environment of “global warming” and “energy-saving and emission reduction” and it has made a policy for “energy-saving and emission reduction.” Based on this, we analyzed the possibility and feasibility for our logistics to “energy-saving and emission reduction,” then propose some solutions for our logistics industry to development and “energy-saving and emission reduction.”

Details

Journal of International Logistics and Trade, vol. 7 no. 2
Type: Research Article
ISSN: 1738-2122

Keywords

Open Access
Article
Publication date: 19 August 2021

Antonios Marios Koumpias, Jorge Martínez-Vázquez and Eduardo Sanz-Arcega

The purpose of this paper is to quantify to what extent the housing bubble in the early-to-mid 2000s in Spain exacerbated land planning corruption among Spain’s largest…

1627

Abstract

Purpose

The purpose of this paper is to quantify to what extent the housing bubble in the early-to-mid 2000s in Spain exacerbated land planning corruption among Spain’s largest municipalities.

Design/methodology/approach

The authors exploit plausibly exogenous variation in housing prices induced by changes in local mortgage market conditions; namely, the rapid expansion of savings banks (Cajas de Ahorros). Accounting for electoral competition in the 2003–2007 and 2007–2009 electoral cycles among Spanish municipalities larger than 25,000 inhabitants, the authors estimate a positive relationship between housing prices and land planning corruption in municipalities with variation in savings bank establishments using instrumental variables techniques.

Findings

A 1% increase in housing prices leads to a 3.9% points increase in the probability of land planning corruption. Moreover, absolute majority governments (not needing other parties’ support) are more susceptible to the incidence of corruption than non-majority ones. Two policy implications to address corruption emerge: enhance electoral competition and increase scrutiny over land planning decisions in sparsely populated.

Originality/value

First empirical evidence of a formal link between the 2000s housing bubble in Spain and land planning corruption.

Details

Applied Economic Analysis, vol. 30 no. 89
Type: Research Article
ISSN:

Keywords

Open Access
Article
Publication date: 10 May 2019

Ibrahim Sief Abdel Hameed Menshawy

This paper aims to explore the evolution of the notion of peremptory norms (Jus Cogens) in international law through the work of the International Law Commission on unilateral…

5634

Abstract

Purpose

This paper aims to explore the evolution of the notion of peremptory norms (Jus Cogens) in international law through the work of the International Law Commission on unilateral acts.

Design/methodology/approach

The study depended on analyzing the work of the International Law Commission on two topics: Unilateral Acts 2006 and Reservations to treaties 2011 to reveal the relation between jus cogens and unilateral acts.

Findings

Jus cogens restrict unilateral acts like treaties due to the recognition of the importance and necessity of the concept of Jus cogens in protecting the fundamental interests of the international community.

Practical implications

States must be compatible with jus cogens when making any reservation on a treaty and also when taking any unilateral act.

Originality/value

This paper reveals the importance of jus cogens in promoting the values of the international community and the need of such notion to protect the common interest of that community.

Details

Review of Economics and Political Science, vol. 4 no. 3
Type: Research Article
ISSN: 2356-9980

Keywords

Open Access
Article
Publication date: 4 August 2020

Akm Ahsan Ullah and Faraha Nawaz

There is abundant research on surrogacy; however, migration scholars have not addressed surrogacy-driven migration. Policies related to surrogacy and surrogacy-led migration are…

2765

Abstract

Purpose

There is abundant research on surrogacy; however, migration scholars have not addressed surrogacy-driven migration. Policies related to surrogacy and surrogacy-led migration are under-researched. The paper argues that surrogacy-led migration or fertility/reproductive migration constitutes a significant part of mainstream migration. The purpose of this paper is to reflect on the policy dilemmas in various countries.

Design/methodology/approach

A total of 9 surrogate mothers (4 from India; 2 from Thailand, 2 from Indonesia and 1 from Nepal) and 8 commissioning parents (2 from Japan; 4 from Europe; 1 from the USA; 1 from Australia) and 2 doctors (1 from India and 1 from Thailand) selected on snowball basis were interviewed between 2014 and 2016 by using a checklist.

Findings

The deficiency and inconsistency of laws regarding surrogacy facilitated the growth of the surrogacy market. Therefore, a uniform policy would help to define and improve the surrogacy and surrogacy-led migration management.

Originality/value

This paper demonstrates the interplay of surrogacy and mainstream migration. This is a fresh addition to the study of migration.

Details

Public Administration and Policy, vol. 23 no. 2
Type: Research Article
ISSN: 1727-2645

Keywords

Open Access
Article
Publication date: 11 August 2021

Mary Catherine Lucey

This paper aims to draw attention to a broad range of experimental institutional initiatives which operate in the absence of a global antitrust regime. The purpose of this paper…

Abstract

Purpose

This paper aims to draw attention to a broad range of experimental institutional initiatives which operate in the absence of a global antitrust regime. The purpose of this paper is to offer food for thought to scholars in other fields of international trade law facing challenges from divergent national regimes.

Design/methodology/approach

Taking inspiration from political science literature on institutions, this paper crafts a broad analytical lens which captures various organisational forms (including networks), codes (including soft law) and culture (including epistemic communities). The strength and shortcomings of traditional “bricks and mortar” institutions such as the European Union (EU) and General Agreement Tariffs and Trade/World Trade Organisation are first examined. Then, the innovative global network of International Competition Network (ICN) is analysed.

Findings

It highlights the value of the global antitrust epistemic community in providing a conducive environment for extensive recourse to “soft law”. Examples from the EU and the ICN include measures which find expression in enforcement tools and networks. These initiatives can be seen as experimental responses to the challenges of divergent national antitrust regimes.

Research limitations/implications

It is desktop research rather than empirical field work.

Practical implications

To raise awareness outside the antitrust scholarly community of the variety of experimental institutional initiatives which have evolved, often on a soft law basis, in response to the challenges experienced by national enforcement agencies and businesses operating in the absence of a global antitrust regime.

Originality/value

It offers some personal reflections on the ICN from the author’s experience as a non-governmental advisor. It draws attention to the ICN’s underappreciated range of educational materials which are freely available on its website to everyone. It submits that the ICN template offers interesting ideas for other fields of international trade law where a global regime is unrealisable. The ICN is a voluntary virtual network of agencies collaborating to agree ways to reduce clashes among national regimes. Its goal of voluntary convergence is portrayed as standardisation rather than as absolute congruence. Even if standardisation of norms/processes is too ambitious a goal in other fields of international trade law, the ICN model still offers inspiration as an epistemic community within an inclusive and dynamic forum for encouraging debate and creating a culture of learning opportunities where familiarity and trust is fostered.

Open Access
Article
Publication date: 4 July 2023

Kristian Keskitalo and Jaakko Väyrynen

This paper aims to analyse the virtual currency regulation especially in Finland, Sweden and Norway. Different member states had a bit differently incorporated regulation of…

Abstract

Purpose

This paper aims to analyse the virtual currency regulation especially in Finland, Sweden and Norway. Different member states had a bit differently incorporated regulation of AMLD5. Finland has gone the furthest in regulation and even issuers of virtual currency are under the Finnish regulation.

Design/methodology/approach

In one hand, the study approach is legal dogmatics, but in other hand it is comparative legal research. Both approaches can be found in this paper.

Findings

The EEA is going from a more fragmented regulatory landscape based on 5th Anti-Money Laundering Directive to a more uniform regulatory approach provided by a legislative package that regulates crypto assets more broadly, coupled with an overhaul of the anti-money laundering rules, bringing them into a single European rulebook. Finland has taken a step further in this matter. Therefore, it would be reasonable for the AMLD5 scope to be expanded in this respect. It is a welcome development that the regulation will be unified and that investor protection will be better taken into account in the future as well.

Originality/value

This paper gives a picture of what kind of challenges is there in Fennoscandic in terms of money laundering regulation of virtual currencies. On the other hand, this paper brings into the discussion the rather clever solutions of Fennoscandic (especially Finland) regarding money laundering of virtual currencies.

Details

Journal of Money Laundering Control, vol. 26 no. 7
Type: Research Article
ISSN: 1368-5201

Keywords

Open Access
Book part
Publication date: 14 December 2023

Lorenz Holler

Family constitutions are relatively new to the law of family companies, although there might have been forerunners in the history of entrepreneur families. The practical…

Abstract

Family constitutions are relatively new to the law of family companies, although there might have been forerunners in the history of entrepreneur families. The practical importance and the proliferation of family constitutions in German family companies are increasing, along with the discussion of family constitutions in legal literature. This new instrument of family governance is not law driven but business driven, it has been designed by business advisors. Its analysis and classification are still at the very beginning in academic research and practice. Even though family constitutions are generally deemed to be without any legal effect and not legally binding, from a legal point of view, this assumption is at least highly questionable.

Open Access
Article
Publication date: 24 November 2022

Zhou Shi, Jiachang Gu, Yongcong Zhou and Ying Zhang

This study aims to research the development trend, research status, research results and existing problems of the steel–concrete composite joint of railway long-span hybrid girder…

Abstract

Purpose

This study aims to research the development trend, research status, research results and existing problems of the steel–concrete composite joint of railway long-span hybrid girder cable-stayed bridge.

Design/methodology/approach

Based on the investigation and analysis of the development history, structure form, structural parameters, stress characteristics, shear connector stress state, force transmission mechanism, and fatigue performance, aiming at the steel–concrete composite joint of railway long-span hybrid girder cable-stayed bridge, the development trend, research status, research results and existing problems are expounded.

Findings

The shear-compression composite joint has become the main form in practice, featuring shortened length and simplified structure. The length of composite joints between 1.5 and 3.0 m has no significant effect on the stress and force transmission laws of the main girder. The reasonable thickness of the bearing plate is 40–70 mm. The calculation theory and simplified calculation formula of the overall bearing capacity, the nonuniformity and distribution laws of the shear connector, the force transferring ratio of steel and concrete components, the fatigue failure mechanism and structural parameters effects are the focus of the research study.

Originality/value

This study puts forward some suggestions and prospects for the structural design and theoretical research of the steel–concrete composite joint of railway long-span hybrid girder cable-stayed bridge.

Details

Railway Sciences, vol. 1 no. 2
Type: Research Article
ISSN: 2755-0907

Keywords

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