How Do They Do It?

Author(s):  
Bruce E. Bechtol

North Korea has always been able to get around sanctions using some very clever tactics, techniques, and procedures (TTP) for getting its arms distributed. This has been an ongoing situation no matter what sanctions are imposed or the methods used to impose them. The North Koreans are constantly changing their TTP in order to adjust to the complex international law enforcement environment, and two key examples (combining illicit arms with legitimate cargo in containers placed on ships and then reflagging the ships) point to the fact that they are adjusting their TTP in order to adapt to sanctions, avoid detection by maritime forces of other nations, and stay below the radar of law enforcement around the world, which is often very wary of shipments tagged as North Korean. There are several other methods that North Korea uses to get around sanctions and conceal its illicit financial networks as well (all described in chapter 3). Thus far, it appears that these methods have been largely successful, and I examine in detail how the DPRK uses its government powers to get around sanctions and proliferate its arms for profit.

2019 ◽  
Vol 5 (1) ◽  
pp. 405-418
Author(s):  
Galina Myskiv ◽  
Olesya Irshak

Cybercrime is clearly linked with financial relations: for some, it is profit, for others – expenses or big losses. The article contains the research of the essence, causes, conse-quences and counteraction to computer fraud in Ukraine and countries of the world, as well as research of financial flows that accompany these processes. However, the authors tried to analyze quantitatively and qualitatively the dynamics of cybercrimes. It also focus-es on bodies that provide cybersecurity and normative legal documents in this area. The authors concluded that cybersecurity in Ukraine has not been sufficiently developed yet, which requires adopting the experience of cybercrime prevention in the advanced countries of the world and enhanced cooperation between international law enforcement agencies.


2014 ◽  
Vol 3 (2) ◽  
pp. 7-20 ◽  
Author(s):  
Mária Bordás

The study sheds light on the current tendencies if the international law on warfare can successfully be applied in the practical reality in the progress of counterinsurgency and counterterrorism efforts. There have been two phenomena identified recently in the warfare which are endangering public security and public safety of the democratic states of the world: terrorism and insurgency. Both of them mean a threat and violation to the population and the government authorities. It has been queried in the military literature whether these new forms of warfare should be handled by military engagements or law enforcement. This is, nevertheless, not just a dilemma of the strategy how to combat against it, but should be, at the same time, in accordance with the international legal regulations, too


2019 ◽  
pp. 1-31
Author(s):  
Paul Mutsaers

This introduction starts with a general discussion of the conflicted contours of police as reported by police anthropologists in various parts of the world. It leans on the notion of law and disorder, which is marked by the idea that police are not always a prerequisite of a socio-legal order and can sometimes even disturb it. It subsequently argues that this is largely due to an unmediated proximity between police and the policed that exists in many societies across the north–south divide. The risks of such ‘state proximity’ are manifold and yet, law enforcement bodies have carried out numerous reforms that make it possible. The chapter discusses various anti-bureaucracy reforms and the negative social effects they have had in The Netherlands. It concludes with an introduction of the chapters of the book, specifying the various links between the theories it has outlined and the empirical parts of the book.


Author(s):  
Atapattu Sumudu

This chapter details the global South approaches to international environmental law. It first discusses the colonial origins of international law before tracing the evolution of international environmental law and the North-South divide. The chapter then looks at global South perspectives on international environmental law, including principles and frameworks adopted to address the North-South divide. It considers the potential and limits of these perspectives. Ultimately, the chapter argues that unless and until the neoliberal economic model based on capitalism is discarded in favour of a more ecologically friendly model that accommodates the needs of the global South, especially their vulnerable communities, not only will current North-South tensions be exacerbated, the world will also speedily move towards environmental tipping points from which there is no hope of return.


Yustitia ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 180-200
Author(s):  
Nabella Rona Sahati ◽  
Kodrat Alam

Extradition Agreeament (treaty) provides facilities for countries that have an agreement, where the agreement is to act against, arrest and prosecute criminals in a country who have fled to another country outside national jurisdiction. The presence of the perpetrator in another country is to avoid attempts to arrest him in connection with the crime he has committed in the country of origin. So by running out of the country, this means that there are other countries whose interests are harmed because they cannot arrest the perpetrator, in which the perpetrator has committed a violation of the law based on the location where the crime was committed (locus delicti). One of them is that the criminal case of corruption is considered a threat of extraordinary crime that harms all people in the world, in upholding the law of corruption in which the perpetrator has fled abroad so that he feels safe and free from a crime he has committed. So extradition is very necessary for the perpetrators of corruption who have fled to other countries. From the background that has been explained, the following problems can be made inventory, namely 1) what is the position of the extradition agreement in international law related to criminal acts of corruption and 2) how is the implementation of extradition agreements against perpetrators of corruption in Indonesia. This study uses a normative juridical research method, namely legal research that refers to legal norms contained in statutory regulations with descriptive analytical research specifications with the aim of obtaining an overview of the application of extradition agreements to perpetrators of corruption in Indonesia based on Law Number 1 of 1979 of Extradition. The results in this research have shown that indeed there have been regulations regarding extradition treaties but it has been long enough and it is necessary to have regulatory reforms according to existing needs, furthermore it is necessary to improve diplomatic relations because law enforcement of criminal acts of corruption which involves cooperation between two countries is not only achieved through extradition treaties, but also good diplomatic relations.


2019 ◽  
Vol 5 (1) ◽  
pp. 32
Author(s):  
Yordan Gunawan ◽  
Rima Ayu Andriana

The proliferation issue of nuclear weapons in North Korea is becoming a more serious problem to the international community. North Korea has been manufacturing and developing nuclear weapons technology, which receives many critics by the international community expressing that North Korea is being non-compliance with the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) 1968. The criticism emerged following the North Korea withdrawal from the NPT 1968. Its withdrawal reasoning seems very hard to be justified after series of non-compliance behavior conducted by North Korea and the legitimacy of its withdrawal is being debated. By using normative legal research, the research aims to determine the status of North Korea upon its withdrawal from the NPT 1968 based on the withdrawal procedure that is required in the Article X of the NPT 1968. The result shows that North Korea is still a member and it is bound by the obligations contained in the Treaty and to make progress on a complete nuclear disarmament regime.


2007 ◽  
Vol 32 (1) ◽  
pp. 80-111 ◽  
Author(s):  
Sheena Chestnut

Since public disclosure by the Democratic People's Republic of Korea (DPRK) of its uranium enrichment program in 2002 and the subsequent restarting of its plutonium reactor, policymakers and academics have expressed concern that the DPRK will one day export nuclear material or components. An examination of North Korea's involvement in nonnuclear criminal activities shows that the DPRK has established sophisticated transnational smuggling networks, some of which involve terrorist groups and others that have been able to distribute counterfeit currency and goods on U.S. territory. These networks provide North Korea with a significant amount of much-needed hard currency, but the DPRK regime's control over them has decreased over time. These developments suggest that North Korea has both the means and motivation for exporting nuclear material, and that concerns over nuclear export from the DPRK, authorized or not, are well founded. When placed in the context of the global nuclear black market, the North Korea case suggests that criminal networks are likely to play an increased role in future proliferation. In addition, it raises the concern that proliferation conducted through illicit networks will not always be well controlled by the supplier state. It is therefore imperative to track and curtail illicit networks not only because of the costs they impose, but also because of the deterrent value of countersmuggling efforts. New strategies that integrate law enforcement, counterproliferation, and nonproliferation tools are likely to have the greatest success in addressing the risks posed by illicit proliferation networks.


2018 ◽  
pp. 1-34
Author(s):  
Andrew Jackson

One scenario put forward by researchers, political commentators and journalists for the collapse of North Korea has been a People’s Power (or popular) rebellion. This paper analyses why no popular rebellion has occurred in the DPRK under Kim Jong Un. It challenges the assumption that popular rebellion would happen because of widespread anger caused by a greater awareness of superior economic conditions outside the DPRK. Using Jack Goldstone’s theoretical expla-nations for the outbreak of popular rebellion, and comparisons with the 1989 Romanian and 2010–11 Tunisian transitions, this paper argues that marketi-zation has led to a loosening of state ideological control and to an influx of infor-mation about conditions in the outside world. However, unlike the Tunisian transitions—in which a new information context shaped by social media, the Al-Jazeera network and an experience of protest helped create a sense of pan-Arab solidarity amongst Tunisians resisting their government—there has been no similar ideology unifying North Koreans against their regime. There is evidence of discontent in market unrest in the DPRK, although protests between 2011 and the present have mostly been in defense of the right of people to support themselves through private trade. North Koreans believe this right has been guaranteed, or at least tacitly condoned, by the Kim Jong Un government. There has not been any large-scale explosion of popular anger because the state has not attempted to crush market activities outright under Kim Jong Un. There are other reasons why no popular rebellion has occurred in the North. Unlike Tunisia, the DPRK lacks a dissident political elite capable of leading an opposition movement, and unlike Romania, the DPRK authorities have shown some flexibility in their anti-dissent strategies, taking a more tolerant approach to protests against economic issues. Reduced levels of violence during periods of unrest and an effective system of information control may have helped restrict the expansion of unrest beyond rural areas.


Author(s):  
Martin Weiser

The position of law in North Korean politics and society has been a long concern of scholars as well as politicians and activists. Some argue it would be more important to understand the extra-legal rules that run North Korea like the Ten Principles on the leadership cult as they supersede any formal laws or the constitution.1 But the actual legal developments in North Korea, which eventually also mediate those leading principles and might even limit their reach, has so far been insufficiently explored. It is easy to point to North Korean secrecy as a main reason for this lacuna. But the numerous available materials and references on North Korean legislation available today have, however, not been fully explored yet, which has severely impeded progress in the field. Even publications officially released by North Korea to foreigners offer surprisingly detailed information on legal changes and the evolution of the law-making institutions. This larger picture of legal developments already draws a more detailed picture of the institutional developments in North Korean law and the broad policy fields that had been regulated from early on in contrast to the often-assumed absence of legislation in important fields like copyright, civil law or investment. It also shows that different to a monolithic system, various law-making institutions exist and fulfil discernably different legal responsibilities. Next to this limitation in content, scholars in the field currently also have not used all approaches legal developments in the North Korea could be analysed and interpreted with. Going beyond the reading of legal texts or speculating about known titles of still unavailable legislation, quantitative approaches can be applied ranging from the simple counting of laws to more sophisticated analysis of legislative numbering often provided with legislation. Understanding the various institutions as flexible in their roles and hence adoptable to shifts in leadership and policy agendas can also provide a more realistic picture of legal practices in North Korea.


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