Terrorism or not terrorism? Whose money are we looking for?

2015 ◽  
Vol 22 (3) ◽  
pp. 378-390 ◽  
Author(s):  
Hamed Tofangsaz
Keyword(s):  
General Definition ◽  
Content Type ◽  
Counter Measures ◽  
Terrorist Financing ◽  
Terrorist Groups ◽  
Terrorism Financing ◽  
The Subject ◽  
Definition Of ◽  
Terrorist Acts ◽  
Common Understanding

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.

Criminalization of Terrorist Financing

2018 ◽  
Vol 21 (1) ◽  
pp. 57-140
Author(s):  
Hamed Tofangsaz
Keyword(s):  
Criminal Law ◽  
Detailed Examination ◽  
Legal Regime ◽  
International Convention ◽  
Terrorist Financing ◽  
Terrorist Groups ◽  
Financing Of Terrorism ◽  
Definition Of ◽  
Terrorist Acts

This article analyzes the criminalization provisions of the International Convention for the Suppression of the Financing of Terrorism, the backbone of the legal regime for the prevention of terrorist financing. It makes a detailed examination of the background of the Convention and the nature of the negotiation discussions that led to its adoption. The drafters of the Convention were faced with two problems: first, how to define terrorism, terrorist acts, and terrorist groups, the financing of which should be addressed; second, the precise scope of the offense, in particular, how to define the preparatory acts of financing as an independent offense. This article argues that the definition of the offense provided by the Convention is far too ambiguous, and its application at national levels can often lead to an unjustifiable and unfair criminal law.

scholarly journals The concept of money laundering: a quest for legal definition

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Muhammad Saleem Korejo ◽  
Ramalinggam Rajamanickam ◽  
Muhamad Helmi Md. Said
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
Task Force ◽  
Content Type ◽  
Terrorist Financing ◽  
Legal Definition ◽  
Balanced Approach ◽  
Wide Range ◽  
Definition Of ◽  
Terrorist Acts

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.

Interaction, engagement, and perceived interactivity in single-handed interaction

2016 ◽  
Vol 26 (5) ◽  
pp. 1134-1157 ◽  
Author(s):  
Donghee Shin ◽  
Myunggoon Choi ◽  
Jang Hyun Kim ◽  
Jae-gil Lee
Keyword(s):  
Behavioral Intention ◽  
Interaction Techniques ◽  
Content Type ◽  
Thumb Movement ◽  
Wide Range ◽  
Mobile Industry ◽  
Perceived Interactivity ◽  
The Subject ◽  
Definition Of ◽  
Practical Implications

Purpose The purpose of this paper is to examine the effects of interaction techniques (e.g. swiping and tapping) and the range of thumb movement on interactivity, engagement, attitude, and behavioral intention in single-handed interaction with smartphones. Design/methodology/approach A 2×2 between-participant experiment (technological features: swiping and tapping×range of thumb movement: wide and narrow) was conducted to study the effects of interaction techniques and thumb movement ranges. Findings The results showed that the range of thumb movement had significant effects on perceived interactivity, engagement, attitude, and behavioral intention, whereas no effects were observed for interaction techniques. A narrow range of thumb movement had more influence on the interactivity outcomes in comparison to a wide range of thumb movement. Practical implications While the subject of actual and perceived interactivity has been discussed, the issue has not been applied to smartphone. Based on the research results, the mobile industry may come up with a design strategy that balances feature- and perception-based interactivity. Originality/value This study adopted the perspective of the hybrid definition of interactivity, which includes both actual and perceived interactivity. Interactivity effect outcomes mediated by perceived interactivity.

scholarly journals . Problems of legal regulation of combatinig terrorism and prevention of terrorist acts

2020 ◽  
Vol 2020 (2) ◽  
pp. 84-92
Author(s):  
Samofalov L.P. ◽  
◽  
Samofalov O.L. ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
European Convention ◽  
International Treaties ◽  
International Convention ◽  
Terrorist Financing ◽  
Terrorist Groups ◽  
The Law ◽  
Terrorist Acts

The article addresses to the study of problematic issues of legal regulation of combating terrorism and the prevention of terrorist acts. The current state of crime prevention by terrorist groups is comprehensively analyzed. It is established that the range of subjects of anti-terrorist activity is not provided by the current legislation and the corresponding shortcomings that arise during the combating terrorism. It is established that the legal basis for the fight against terrorism is the Constitution of Ukraine, the Criminal Code of Ukraine, the Law of Ukraine "On Combating Terrorism", other laws of Ukraine, the European Convention on the Suppression of Terrorism of 1977 year, the International Convention for the Suppression of Terrorist Bombings of 1997 year, the International Convention on the Fight against Terrorist Financing in 1999 year, other international treaties of Ukraine approved by the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, as well as other regulations adopted to implement the laws of Ukraine. Among the normative legal acts regulating relations in the field of counter-terrorism, one of the prominent places has the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Terrorist Financing and Financial Proliferation of Weapons of Mass Destruction" dated 14 October, 2014. It is proved that among the factors that negatively affect the effectiveness of the investigation of terrorist crimes, the leading place is taken by insufficiently balanced and unfounded state criminal law policy, which over the past few years has gradually lost its state character, becoming hostage to permanent political confrontation. There are many cases of unsystematic and scientifically unsubstantiated changes in certain provisions of the Criminal Code of Ukraine. Key words: terrorism, terrorist act, terrorist operation, crimes, subjects, criminal liability.

Nationalism in Eastern Europe in the Middle Ages

1972 ◽  
Vol 22 ◽  
pp. 1-16 ◽  
Author(s):  
Dimitri Obolensky
Keyword(s):  
Eastern Europe ◽  
Middle Ages ◽  
Western Europe ◽  
Eleventh Century ◽  
General Definition ◽  
The Political ◽  
European Politics ◽  
History Of ◽  
The Subject ◽  
Definition Of

The divergent views held by historians and sociologists as to what does and does not constitute nationalism will, I hope, provide me with some excuse for not attempting here a general definition of this phenomenon. Nor will I presume to adjudicate between the opinions of scholars like Hans Kohn who, confining their attention to Western Europe, will not hear of nationalism before the rise of modern states between the sixteenth and the eighteenth century, and of historians like G. G. Coulton who, after surveying the policy of the Papacy, the life of the Universities, the internal frictions in the monasteries and the history of medieval warfare, concluded that nationalism, which had been developing in Western Europe since the eleventh century, became a basic factor in European politics by the fourteenth. My paper is concerned with the medieval history of Eastern Europe: an area which I propose to define, by combining a geographical with a cultural criterion, as the group of countries which lay within the political or cultural orbit of Byzantium. The subject is vast and complex, and I can do no more than select a few topics for discussion. These I would like to present as arguments in support of three theses.

Follow the money to achieve success: achievable or aspirational

2017 ◽  
Vol 24 (3) ◽  
pp. 425-436 ◽  
Author(s):  
Nicholas Alan McTaggart
Keyword(s):  
Law Enforcement ◽  
Literature Review ◽  
Money Laundering ◽  
Financial Institutions ◽  
Design Methodology ◽  
Organised Crime ◽  
Economic Crime ◽  
Content Type ◽  
Terrorist Financing ◽  
The Subject

Purpose The purpose of this paper is to highlight the extent to which organised crime and the environment have altered in relation to money laundering and terrorist financing and to explore whether strategies to “follow the money” have been successful. Design/methodology/approach This paper is based on personal analysis and involvement as a practitioner in law enforcement and includes a broad literature review on the subject of terrorist financing and money laundering. Findings Money laundering, terrorist financing and economic crime activity are being disguised in the “noise” of business by specialists that have become very adept at their craft. Financial institutions and lawmakers have invested heavily in countering money laundering and terrorist financing. However, its real effectiveness is somewhat doubtful. Originality/value This paper serves to stimulate further discussion and research on how all actors can increase collaboration and co-operation to increase the effectiveness of disruption strategies associated with these classes of crime.

A viewpoint on cartels: an Indian perspective

2011 ◽  
Vol 53 (4) ◽  
pp. 252-261
Author(s):  
Divakara Babu Chennupati ◽  
Rajasekhara Mouly Potluri
Keyword(s):  
Competition Authority ◽  
Content Type ◽  
Whistle Blowing ◽  
Restrictive Trade ◽  
Consumer Interests ◽  
The Subject ◽  
Definition Of ◽  
National Economies ◽  
Developed World ◽  
Indian Perspective

PurposeThe purpose of this paper is to critically analyze the adverse effects of cartels on the economy and the interests of consumers and how they are sought to be regulated under the Indian Competition Act, 2002.Design/methodology/approachThe paper focuses on the definition of cartels and the various factors conducive for the promotion of cartels and how they are sought to be regulated in the select jurisdictions with the help of decided case laws. It also sheds adequate light on the deficiencies of the Monopolies and Restrictive Trade Practices (MRTP) Act, 1969 in curbing cartels and how such deficiencies are sought to be remedied under the Competition Act, 2002. The paper further highlights the new trends and investigative tools in busting of cartels in the developed world and the salutary lessons that could be drawn by the competition regimes of the developing countries.FindingsThe paper discloses that the earlier MRTP Act, 1969 as well as the prevailing Competition Act suffers from various flaws in curbing cartels, resulting in the feeble regulation of cartels with all attendant baneful consequences on the economy and consumer interests. The paper strongly advocates the need to treat cartels as criminal offences warranting prosecution and punishment apart from encouraging leniency and whistle blowing for facilitating the busting of cartels.Practical implicationsThe paper identifies the potential difficulties and intricacies that could be encountered by the competition authority in addressing the cartels owing to shortcomings in the Competition Act, 2002. Hence, the paper articulates that these concerns should be addressed by the legislature at the earliest for further strengthening the regulatory mechanism over cartels in the interests of economy and consumers.Originality/valueThe subject focused in the paper is a topic of utmost contemporary importance having wide implications on the national economies across the world, calling for novel methods and techniques in dealing effectively with the menace of cartels.

FATF and money laundering in Iran

2018 ◽  
Vol 21 (3) ◽  
pp. 314-327 ◽  
Author(s):  
Mansour Rahmdel
Keyword(s):  
Money Laundering ◽  
Task Force ◽  
Armed Forces ◽  
Penal Code ◽  
Content Type ◽  
Psychotropic Substances ◽  
International Regulations ◽  
Terrorism Financing ◽  
The Subject ◽  
International Conventions

Purpose The aim of this paper is considering that obtaining illegitimate property and obtaining property illegally is morally outrageous. The law also condemns it as a crime. The act of those who launder the proceeds of crime is also condemned. This condemnation is almost universal. So, money laundering as a way of diversion of the origin of the illegal gains into legitimate currency or other assets has been criminalized in most of the countries, including in Iran. Before criminalization of money laundering, there were different laws which referred to the case without referring to the term of money laundry. According to Article 49 of the Iranian Constitution “all proceeds of illegal sources like embezzlement, bribery, gambling and other ways should be confiscated.” Design/methodology/approach Article 662 of the Islamic Penal Code (IPC) ratified in 1996 criminalized dealing with the proceeds of theft and Note 2 of Article 119 of the Penal Code of the Armed Forces criminalized obtaining the proceeds of embezzlement. But, in 2008, to follow the international conventions, especially Article 3 of the psychotropic substances 1988 in Vienna and also Financial Action Task Force (FATF) recommendations on Money Laundering and Terrorism Financing, the legislator ratified the anti-money laundering code (AMLC). The methodology is an analytical one. The author using an analytical method, has analyzed the subject with consideration of Iran’s situation, as well as international documents and FATF’s recommendations. Findings The author has studied the issue, believing that domestic regulations of Iran comply with international regulations and FATF recommendations. The current paper considers the different aspects of the AMLCs in Iran in relation to FATF recommendations. Originality/value The author confirms the originality of the paper and declares that he has referred all the other materials.

The high performance organization: proposed definition and measurement of its performance

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
André de Waal
Keyword(s):  
Organizational Performance ◽  
High Performance ◽  
Peer Group ◽  
Research Question ◽  
General Definition ◽  
Common Denominator ◽  
Content Type ◽  
Definition Of ◽  
High Performance Organization ◽  
First Time

Purpose The purpose of this paper is to arrive at a general definition of an HPO and a (practical) way to measure an HPO. Managers are looking for techniques to strengthen their organizations in a way that they cannot only cope with threats but could also quickly take advantage of opportunities, and thus, grow and thrive. The academic and especially the practitioner fields reacted on this “thirst for high performance knowledge” with a plethora of books and articles on the topic of high performance organizations (HPOs). These publications each came with their own description and measurement of HPOs, which created a lot of confusion among practitioners. Design/methodology/approach In this study the following reserach question is answered: how can an HPO be defined and its performance measured? So that with the answer, this paper can take away the aforementioned confusion. This paper does this by conducting an extensive systematic review of the literature on HPO, after which this paper synthesizes the findings into a proposal on how to define and measure the HPO. Findings This paper was able to obtain from the literature a list of definitions and measurements for an HPO. The common denominator in these definitions and measurements turned out to be respondents given their opinion on the effects of the organizational practices they apply on organizational performance vis-à-vis that of competitors. This paper concluded therefore that an HPO should be defined and measured relative to competitors and should be based on the perception of managers and employees of the organization: An HPO is an organization that achieves results that are better than those of its peer group over a longer period of time. Research limitations/implications With the answer on the research question, this paper fills the current gap in the definition and measurement literature on HPOs, and thus, has moved the research into HPOs forward, as researchers can use these research results in their future studies on high performance and HPOs. Originality/value Although there is a plethora of literature on high performance and HPOs no univocal definition and measurement of the HPO can be found. This study provides for the first time an academically well-founded definition and measurement method.

Types of Political Discourses and Their Classification

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Givi AMAGHLOBELI
Keyword(s):  
Narrative Discourse ◽  
General Definition ◽  
Future Research ◽  
Mental Picture ◽  
Political Discourses ◽  
Starting Point ◽  
The Subject ◽  
Definition Of ◽  
The Given

The aim of the given work is to identify and classify the types of political discourses that (may) exist in any particular society. Compared to existing definitions and classifications, our purpose serves a practical goal of schematic classification of political discourses. The article intends to give a starting point for a general classification and typology that will be elaborated within the framework of future research, as typology of discourse specimens is the least developed area of the field (van Dijk, 1997). Definitions/typologies that have been made until now are more of a theoretical character and, therefore, it would be useful to create more concrete mental pictures (expressed in the forms of schemata) that will enable us to operate easier with the concepts discussed while studying the subject. The article starts with the general definition of the term(s) and links the concept of discourse to other concepts like narrative, frame, ideology, discursive strategy. As we try to show the ideology/narrative/discourse link, formulation of corresponding schemes also gain importance in order to have a clearer mental picture of the above mentioned correlation. In parallel with the above mentioned points we also emphasize correlation between the dominant / secondary discourses with specific focus on ideological differences/power struggle. 

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