Community Law in the French Courts: The Law of Treaties in Modern Attire. By Eric E. Bergsten. The Hague: Martinus Nijhoff, 1973. Pp. 141. Gld. 27.50.

1975 ◽  
Vol 69 (3) ◽  
pp. 706-707
Author(s):  
Peter Hay
Keyword(s):  
Community Law ◽  
The Hague ◽  
The Law

The essential role of the investigation in fighting economic crime in Italy

2016 ◽  
Vol 23 (2) ◽  
pp. 465-480 ◽  
Author(s):  
Domitilla Vanni
Keyword(s):  
Money Laundering ◽  
Comparative Method ◽  
Economic Crime ◽  
European Convention ◽  
Right To Privacy ◽  
Content Type ◽  
Community Law ◽  
The Law ◽  
Financing Of Terrorism ◽  
The Right

Purpose This paper aims to analyse the evolution of European anti-money laundering discipline passing from the First Money Laundering Directive 91/308/EEC, that was only referred to banks and financial intermediaries, that has been furthermore extended to some activities and professions outside the financial sector. The research examines the different steps done buy Italian Legislation in the field of economic crime: at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), they transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, that has implemented Directive 2001/97/EC. Now it is urgent to implement Directive 2005/60/EC that has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Design/methodology/approach This paper deals with the Legislations of some European States (in particular UK and Italy) interpreting them by a comparative method. Findings This paper has put in clear some differences and some analogies between national legislations of different countries. Research limitations/implications In Italy, at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), has transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, has implemented Directive 2001/97/EC. In 2005, Directive 2005/60/EC has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Practical implications In the context of economic crime, capital investigations represent one of the most effective tools to fight the activities of organized crime in the phase of managing wealth illicitly produced and its immission in the circuit of the legal economy. Social implications The need of fighting economic crime must always be harmonized with the protection of right to privacy that has been acknowledged by Article 8 of the European Convention of Human Rights of 1950 as a fundamental right. Originality/value This paper develops the need to balance the right to privacy of every European citizen (Article 8 CEDU) with investigative power exercised by Public or Private Authorities, considering the possibility to comprise the first – if necessary – to allow the regular exercise of the second.

scholarly journals PROBLEMATIKA PENGELOLAAN TANAH WAKAF PRODUKTIF BERBASIS MASJID

1970 ◽  
Vol 18 (1) ◽  
pp. 87-104
Author(s):  
Siti Rochmiyatun
Keyword(s):  
Land Management ◽  
Community Culture ◽  
Community Law ◽  
Life Management ◽  
Cultural Life ◽  
Management And Development ◽  
The Law

Waqf is one of the most highly recommended worship in the teachings of Islam, to be used by someone as a means of distributing gift by Allah SWT to him. The practice of waqf is of great value to socio-economic, cultural life. Management of Waqf land productively mosques in Palembang City has been implemented, but in general most mosques still do not manage Waqf land mosque productively. The problematic for managing the Waqf land of a mosque productively are, 1. The legal substance (AIW substance of Waqf land) may impede implementation; 2. Understanding of some Nazhir/ Mosque management on the management of productive Waqf land is still low; 3. The general understanding of the community about the management of productive Waqf land is still low; 4. The ability of Nazhir/ Managers to manage and develop productive enterprises is still low; 5. Community culture does not encourage the implementation of productive waqf land management; 6. Community law culture is a legal awareness to implement the law, especially regarding the management and development of Waqf land productively low. Efforts that can be done to overcome the problematic is the Office of the Ministry of Religious Affairs and BWI, BWI Representative of South Sumatra should increase the socialization and comprehensive training of productive waqf management to mosque nazhir and the community around the mosque.

State of Emergency and Humanitarian Law — On Article 75 of Additional Protocol I

1984 ◽  
Vol 24 (242) ◽  
pp. 263-273
Author(s):  
Géza Herczegh
Keyword(s):  
The Other ◽  
Strict Sense ◽  
Humanitarian Law ◽  
Narrow Sense ◽  
Law Of War ◽  
Legal Provisions ◽  
The Hague ◽  
The Law ◽  
Broad Interpretation ◽  
The Individual

In a rich and abundant literature on the subject of international humanitarian law, two trends in the interpretation of the term “humanitarian law” stand out: one takes it in its broad meaning, the other in a narrow sense. According to the definition by Jean S. Pictet, humanitarian law, in the broad interpretation, is constituted by all the international legal provisions, whether written or customary, ensuring respect for the individual and the development of his life. Humanitarian law includes two branches: the law of war and human rights. The law of war, still following Professor Pictet's definition, can be subdivided into two sections, that of The Hague, or the law of war, in the strict sense, and that of Geneva, or humanitarian law, in the narrow sense. It is often difficult to distinguish clearly between these branches of law, and especially between the law of The Hague and the law of Geneva, because of the reciprocal influence each has had on the development of the other, to the extent that some well-known experts considered the traditional difference between them out-of-date and superfluous.

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