Money laundering: a new international law enforcement model by Guy Stessens

By Guy Stessens

This e-book offers a huge research of the felony concerns raised via the overseas struggle opposed to cash laundering. It bargains vast comparative examine of the felony and preventive legislation facets from a world point of view. so much of this quantity is dedicated to express felony difficulties that spring from the foreign nature of the money laundering phenomenon. It includes the main exact evaluation but released at the principles and practices of overseas cooperation within the struggle opposed to funds laundering, and the jurisdictional questions that unavoidably come up during this context.

• Comparative research of foreign felony legislations from the views of co-operation and jurisdiction
• such a lot specific evaluate but released at the overseas ideas and practices of the struggle opposed to funds laundering, together with how they observe to monetary institutions
• Brings into concentration the human rights implications of the legislations on cash laundering

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According to Abi-Saab, ‘Eloge du “droit assourdi”’, 65, this term was coined by Professor 59 René-Jean Dupuy. See FATF-II, 38. B. Zagaris and E. Kingma, ‘Asset Forfeiture Under International and Foreign Law: An Emerging Regime’, Emory Int’l LRev. (1991), 446 et seq. and S. B. Proc. (1992), 191. b ac kg ro u n d 19 Joseph Nye61). Although the concept is derived from international economics and political science, it can also be applied in the sphere of international law enforcement. 62 The term ‘international law enforcement regime’ should, however, not be confused with the enforcement of international law.

This is not only the case for drug trafficking, but also for arms trafficking, the illegal trade of human organs, child prostitution, etc. The enormous financial profits from organised crime explain some of the most striking features of organised crime. 22 The influence organised crime may yield on politicians, civil servants and law enforcement authorities can eventually result in a declining belief in two of the most fundamental pillars of modern society: the rule of law and democratic government.

The genesis of the European Money Laundering Directive effectively illustrates the effects of the two movements that were outlined: the influence of other legal norms than criminal law and the internationalisation of the legislative process. Although the directive, as its name suggests, relates only to the prevention of money laundering and not to the repression of money laundering, its legal basis has nevertheless been fiercely disputed. The preamble of the directive cites two provisions of the EC Treaty: Article 57(2) on the coordination of provisions concerning the taking-up and pursuit of activities as self-employed persons; and Article 100a allowing for measures for the approximation of the legislative, regulatory and administrative provisions pertaining to the establishment and functioning of the single market.

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