The Development of National and International Legislation in the Field of Countering the Financing of Terrorist and Extremist Activities

2020 ◽  
Vol 9 (3) ◽  
pp. 939
Author(s):  
Zarina MURATZHAN ◽  
Kakimzhan Muratzhanovich BISHMANOV ◽  
Zhanat Rakhimzhanovna DILBARKHANOVA
Keyword(s):  
International Law ◽  
Money Laundering ◽  
Legal Framework ◽  
Legal Aspects ◽  
International Experience ◽  
Economic Basis ◽  
National Characteristics ◽  
Financing Of Terrorism

This article discusses the legal aspects of countering the financing of terrorism and extremism at the national and international levels. The economic basis for the activities of terrorist and extremist organizations is money, which in many cases is received from legalized shadow incomes. Therefore, the legalization of shadow incomes and the financing of terrorism and extremism are inseparable in the legislation of many countries and international law. This article discusses some national characteristics and international legal experience in countering money laundering and the financing of terrorism and extremism. The purpose of the present work is to analyze the possibilities of applying global experience in countering the activities of terrorist and extremist organizations by suppressing their financing and making it more difficult. The authors have examined legal acts and the opinions of researchers suggesting various methods of countering the financing of terrorism. The analysis of the above materials allowed the authors to conclude the need to use international experience to improve the legal framework for countering the financing of terrorism and extremism in Kazakhstan.

Protection and Utilization of Indonesia Genetic Resources: Disentangle of Regime Complex

2020 ◽  
Vol 11 (1) ◽  
pp. 154-154
Author(s):  
Efridani Lubis
Keyword(s):  
Intellectual Property ◽  
Genetic Resources ◽  
International Law ◽  
Environmental Law ◽  
Legal Framework ◽  
Legal Aspects ◽  
Genetic Technology ◽  
Regime Complex ◽  
Study Results ◽  
Protection And Utilization

This paper investigates the effective regulation of genetic resources (GR) in Indonesia. Using comparative study between related legal framework, this study explores which approach will be benefit mostly for the GR itself, since there is overlapping guidelines in term of GR. There are three legal systems, i.e., International Law, Intellectual Property Law, and Environmental Law that related to GR in Indonesia, but none of them directly and precisely regulate the protection and utilizing of the GR. The study results indicate that the most effective way to protect and utilizing GR continuously is to arrange the sui generis system that take into account its biology, genetic, technology, culture, and legal aspects at the same time. Keywords: Genetic Resources, Sui Generis System, Intellectual Property.

scholarly journals Amendments, annexations, alternatives: Nord Stream 2’s contemporary status under EU and international law

2019 ◽  
Vol 12 (6) ◽  
pp. 502-512 ◽  
Author(s):  
Valentin Jeutner
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Aspects ◽  
The European Union ◽  
Bilateral Relations ◽  
Eu Directive ◽  
Contemporary Status ◽  
Nord Stream ◽  
S Application

Abstract Nord Stream 2 is a highly controversial megaproject. This text shows that the political controversy surrounding Nord Stream 2 does not necessarily translate to legal controversy. The text does so by considering three controversially discussed European and international legal aspects of the Nord Stream 2 project. The article commences by evaluating whether and how [whether and how] the recent amendment to the European Union (EU) Directive 2009/73/EC concerning common rules for the internal market in natural gas affects the legal status of Nord Stream 2. The text concludes that Directive 2009/73/EC (as amended) makes it considerably more difficult to operate Nord Stream 2. It will also be established that legal uncertainty remains concerning the amended Directive’s compliance with European and international law, and that bilateral relations between Russia and Germany are, in any case, unaffected by changes in EU law. The article then proceeds to evaluate the argument that Germany’s involvement with Nord Stream 2, in light of Russia’s annexation of Crimea and Sevastopol, violates international law since Germany, by doing so, violates the obligation not to recognize or support annexation by an aggressor state. This argument is rejected. Even if one assumes that Russia’s annexation of Crimea and Sevastopol was unlawful, Germany’s support of Nord Stream 2 cannot be legally construed as support for Russia’s activities concerning Crimea and Sevastopol. Finally, the article considers the international legal framework conditioning the currently still outstanding permission by Denmark to lay Nord Stream 2 pipelines through the Danish territorial sea/the Danish Exclusive Economic Zone. In this regard, it is concluded that the legal scope for Denmark to reject Nord Stream 2’s application for permission to lay the pipeline through Danish waters is very limited.

scholarly journals Money laundering and the shadow economy in Kazakhstan

2014 ◽  
Vol 17 (2) ◽  
pp. 128-140
Author(s):  
Nurlan N. Niyetullayev ◽  
Paul Almond
Keyword(s):  
International Law ◽  
Money Laundering ◽  
Conceptual Analysis ◽  
Shadow Economy ◽  
Legal Framework ◽  
Transitional Societies ◽  
Content Type ◽  
Shadow Economies ◽  
Legal Control ◽  
The Republic

Purpose – The purpose of this paper is to assess and highlight the approach taken towards the legal control of illicit money laundering taken in the Republic of Kazakhstan, in particular, the role played by an amnesty on the legalisation of illicit funds. This is particularly important as a basis for a wider discussion about the proper limits of the “criminalising” approaches commonly taken in anti-money laundering regulations. Design/methodology/approach – The discussion and evaluation in the paper is based upon a conceptual analysis of the money laundering regime in Kazakhstan, in particular, the legal framework and policies of implementation adopted. Findings – The paper demonstrates that the problems that are posed by the shadow economy in post-Soviet transition societies can make the blanket criminalisation of money laundering a self-defeating approach, unless accompanied by measures which allow for the achievement of “market-constituting” effects. Research limitations/implications – The paper draws on experience and practice in one jurisdiction only (Kazakhstan); it also limits its focus to one particular example of a money laundering amnesty policy. Both of these limitations, therefore, suggest avenues for further comparative research. Originality/value – The paper’s conclusions about the interactions between the shadow economies of transitional societies and the global anti-money laundering agenda have wider application in assessments of international law in this area.

scholarly journals Investigation of money laundering and financing of terrorism by the Investigative Committee of Russia

2021 ◽  
Vol 12 (3) ◽  
pp. 493-501
Author(s):  
Alexandr I. Bastrykin ◽  
Keyword(s):  
Money Laundering ◽  
Russian Federation ◽  
Legal Framework ◽  
Russian Society ◽  
Joint Work ◽  
Destructive Effect ◽  
Financial Flows ◽  
The Russian Federation ◽  
Financing Of Terrorism ◽  
State Organizations

The aim of the work is to show the public danger of money laundering and financing of terrorism, and to identify ways to improve the existing legislation to curb these crimes. The research comprehensively examines the practice of identifying and investigating money laundering and financing of terrorism by the Investigative Committee of Russia. Today, these crimes pose a serious threat to Russian society and have a destructive effect on the country’s economy. The article analyzes the results of the Investigative Committee of Russia’s work on the investigation of these crimes, examines the experience of interaction with specialized state organizations in this field, and also discusses various methods of money laundering and financing of terrorism with specific examples. Particular attention is paid to the prevention and suppression of terrorism and extremism, including prevention of radical ideology. The results of the joint work of the Investigative Committee of Russia with other law enforcement structures of the Russian Federation in this field are also presented and supported by statistical data. Particular focus is placed on the financing of terrorism by attracting funds through the Internet, which today has become one of the main channels for the movement of financial flows. In addition, the article analyzes the legal framework on the basis of which the state authorities of the Russian Federation carry out comprehensive work to identify and suppress the financing of terrorism. The work also discloses the role of digital currency, the turnover of which bears certain risks and can be used for anonymous financial support of terrorist organizations. The main conclusion is that effective opposition to the legalization of proceeds from crime and the financing of terrorism can be carried out simultaneously with the suppression of extremist ideology at two levels — national and international.

OPICAL ISSUES OF THE FATF’s INTERNATIONAL LEGAL STATUS

2020 ◽  
pp. 144-153
Author(s):  
Denis A. Alexander ◽  
Keyword(s):  
International Law ◽  
Money Laundering ◽  
International Organizations ◽  
Legal Status ◽  
Task Force ◽  
Point Of View ◽  
International Treaties ◽  
Intergovernmental Organization ◽  
The Law ◽  
Financing Of Terrorism

Anti-money laundering and combating the financing of terrorism (AML/CFT) is a complex area in which many state authorities of the countries of the world are involved, as well as numerous international organizations and institutions. One of these international institutions is the Financial Action Task Force on Money Laundering (FATF), the main organization in this area. There are many disputes among the scientific community and practitioners regarding its legal status. It is not an international (intergovernmental) organization under international law. But is it worth it to acquire such a status and what are the consequences of its acceptance / non-acceptance? This article will analyze in detail the legal status of the FATF from the point of view of international law (the law of international organizations, the law of international treaties, the law of international customs), as well as study other issues directly related to it, which may affect the international community's decision to change its status, for example the fact of possible politicization of the FATF due to its informal status.

Conclusions

2020 ◽  
pp. 288-318
Author(s):  
J.F.R. Boddens Hosang
Keyword(s):  
International Law ◽  
Conceptual Model ◽  
Use Of Force ◽  
Legal Framework ◽  
Legal Aspects ◽  
Central Question ◽  
Military Operations ◽  
Applicable Law ◽  
Introductory Discussion

This study has sought to contribute to the communication between the academic analysis of the legal aspects of the use of force and the realm of pragmatic application of the rules on the use of force during the conduct of military operations, presenting the case for the need, indeed necessity, for both these realms to remain connected. This chapter presents a conceptual model of rules of engagement (ROE) on the basis of the constituent chapters of the book, drawing on the introductory discussion of the classic ROE model in Chapter 1. It re-examines the influence of political, operational, and legal considerations on ROE and describes the overall function of ROE in terms of applicable law and in the context of the international law of military operations. Drawing on the underlying conclusions from this study, the main questions discussed in the Introduction will be addressed in order to answer the central question: what is the function of ROE and derivative (or similar) rules on the use of force in the context of the legal framework governing the use of force during military operations.

Legal Aspects of EU Military Operations

2011 ◽  
Vol 15 (1-2) ◽  
pp. 218-242 ◽  
Author(s):  
Frederik Naert
Keyword(s):  
International Law ◽  
Crisis Management ◽  
Legal Framework ◽  
Legal Aspects ◽  
Eu Law ◽  
Military Operations ◽  
Legal Challenges ◽  
Defence Policy ◽  
Domestic Law ◽  
The Eu

This article provides a brief overview of the legal aspects of EU military crisis management operations, which, together with the EU’s civilian missions, are the main manifestation of the EU’s Security and Defence Policy. After the introduction (I), section II addresses the EU law aspects, section III covers the main international law aspects and section IV deals with domestic law aspects, including both the law of sending States and of the host State. Section V draws some conclusions and offers some reflections on the legal aspects of EU military operations and their role and importance. The author concludes that the EU has a well established legal framework for its military operations, which is soundly anchored in the EU Treaty, elaborated in practice and firmly based in and in compliance with international law. He also submits that the Lisbon Treaty reinforces this legal framework on several points and that the EU can rely on a number of mechanisms that should enable it to address most legal challenges that may arise.

scholarly journals FATF in Combating the Financing of Terrorism

2014 ◽  
pp. 88-96
Author(s):  
K. S. Melkumyan
Keyword(s):  
International Law ◽  
Money Laundering ◽  
Task Force ◽  
World Politics ◽  
Timely Manner ◽  
Financing System ◽  
Counter Terrorism ◽  
Terrorism Financing ◽  
Geographical Expansion ◽  
Financing Of Terrorism

The article examines the FATF specific approach to the problem of terrorism financing. The FATF essence, content of the activity and influence levers are also analyzed within the article. It is shown that the FATF has reviewed the problem of terrorism financing in the broadest perspective, having engaged simultaneously and consistently mechanisms for combating money laundering and terrorism financing. The Task Force has greatly contributed to building of the world counter-terrorism financing system through forming the legal and institutional basis as well as through interaction with all the possible participants and actors of world politics in this area. Moreover, the FATF has succeeded in geographical expansion of the FATF influence from the original 16 to187 jurisdictions by promotion of FATF-style regional bodies establishment. Particular attention is drawn to the unique features of the FATF Recommendations in comparison with the earlier issued sources of international law, which define the international counter-terrorism financing regime. The author believes that one of the advantages of the FATF as an institute within the counter-terrorism financing system among others is the informal status of the FATF, which provides its flexibility and high ability to respond quickly and in a timely manner to evolving nature of money laundering and terrorism financing as well as emerging threats.

scholarly journals AMERICAN INTERNATIONAL LAW DOCTRINE: REVIVAL OF “JUST WAR” CONCEPT

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Кира Сазонова ◽  
Kira Sazonova
Keyword(s):  
International Relations ◽  
International Law ◽  
Just War ◽  
Use Of Force ◽  
Legal Framework ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Substantive Content ◽  
Functional Methods ◽  
The Subject

This article discusses the views and opinions of American experts in the field of international law and international relations, devoted to a very ambiguous concept of “just war”. However, this concept raises many questions about its compliance with the contemporary international law, particularly in the context of the principle of non-use of force or a threat of force, which is fixed in the UN Charter. The subject of research is a range of works of American international lawyers on the substantive content and the legal aspects of “just war” concept. As research methods were used common scientific methods, such as induction, generalization, deduction, as well as comparative legal, historical, structural-functional methods. Reference to the concept of “just war” is often use in the speeches of American politicians, so it has a significant impact on the U.S. foreign strategy. Thus, the legal assessment of the “just war” concept is necessary in the context of the current international legal framework. In the Russian doctrine of international law the concept has practically no coverage, so the article is intended to fill this gap.

Sign in / Sign up

Export Citation Format

Share Document