It has long been believed that the most effective way to immobilise organised criminal activity lies in blocking the channels that allow illegally-obtained assets to enter the economic mainstream. Yet even as international law enforcement co-operation in this vital endeavour becomes ever more focused, the bewildering domain of criminal money laundering techniques remains elusive. The "gross national product" of international crime still exceeds that of many nations. A main aim of this new book is to marry what we know of laundering channels and methods on the one hand and existing legal regimes (both preventive and reactive) on the other. Although major victories on the side of law and order are not numerous so far, the author clearly demonstrates that progress is being made in certain areas and that the overall thrust of international law and cooperation in the field is growing stronger. She goes on to identify a number of linkages between criminal necessities and potential legal measures that are likely to bear fruit. It is the author's belief that the insights gained by this in-depth comparison will shed light on the paths to be followed by law enforcement agents and judicial tribunals as they pursue their goal of stemming the flow of laundered illegal money into the world's economies.

This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16-17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the "truth" in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, "questions of law" are actually a subset of "questions of fact," and thus, the legal interpretation process also involves questions of "historical fact." The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.

a. The 2011-2012 Edition Released in annual editions each containing 5-7 volumes, the Annual Review of United Nations Affairs is the only thorough annual survey of major developments at the United Nations. The 2011/2012 edition includes the full text of all General Assembly, Security Council, and ECOSOC resolutions from the 66th United Nations session (Sept. 2011 to Sept. 2012), along with other key UN documents, including selected progress reports from UN peacekeeping, peace-building, and political missions. This edition also includes six introductory articles written by expert contributors. These introductions offer invaluable guidance on the activities of various United Nations bodies, including the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice and Tribunals, the Secretariat, and the Peacekeeping and Peace-building Missions. The 2011/2012 edition also features a Foreword by Lord Mark Malloch Brown KCMG, former UK Minister for Africa, Asia, and the UN, and former United Nations Deputy Secretary-General and Administrator of UNDP. b. The set generally Since the publication of its first edition in 1950, the Annual Review of United Nations Affairs has stood as the authoritative resource for scholars, students, and practitioners researching the latest developments at the United Nations. From introductory articles on particular topics, prepared by experts on the relevant United Nations bodies, to the full-text presentation of reports and resolutions and the helpful subject index, ARUNA provides a comprehensive tour of each year's UN actions and debates. The expert selection of documents by Joachim Muller and Karl Sauvant and the topic-based organization of those documents make any researcher's task much easier than the vast searching and sorting required by the UN's website. The series' topic-based organization of the materials and subject index lend invaluable guidance to all researchers. Beginning with the 2010/2011 edition, detailed commentaries on the various UN bodies by experts on the relevant topics were also added to each annual edition, and the analysis provided in these commentaries has helped to make ARUNA a more complete resource for anyone engaged in research on the activities of the United Nations. ARUNA presents comprehensive documentation of the work of the UN on an annual basis, starting in September of each year with the beginning of the regular sessions of the General Assembly. Coverage of and commentary on the UN's key organs are provided, including the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the UN Secretariat. In addition, selected reports of intergovernmental bodies and expert groups are included. ARUNA occupies a special place in the publications on the work of the UN, as it allows readers to obtain an overview of the principal developments in its key organs. This makes it an important reference source for policy-makers and academic researchers.

This volume provides an overview of selected major areas of legal and institutional development in Lithuania since the Restoration of Independence in 1990. The respective chapters discuss changes in fields varying from the constitutional framework to criminal law and procedure. The content highlights four major aspects of the fundamental changes that have affected the entire legal system: the Post-Soviet country's complex historical heritage; socio-political and other conditions in the process of adopting new (rule of law) standards; international legal influences on the national legal order over the past 30 years; and finally, the search for entirely new national legal models. Over a period of 30 years since gaining its independence from the Soviet Union, Lithuania has undergone unique social changes. The state restarted its independent journey burdened by the complicated heritage of the Soviet legal system. Some major reforms have taken place swiftly, while others have required years of thorough analysis of societal needs and the search for optimal examples in other states. The legal system is now substantially different, with some elements being entirely new, and others adapted to present needs.

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international criminal tribunals specifically. The Global Community Yearbook publishes annually in two-volume editions of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and also to choose experts from around the world who contribute essay-guides to illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first volume of each year's edition features expert articles by renowned scholars who address broader themes in international law, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent past jurisprudence: the series now also serves to prepare researchers for future international case law.
The 2009 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has already established itself as the authoritative resource for research and guidance on the jurisprudence of both U.N.-based tribunals and regional courts. The 2009 edition continues that sterling reputation through expert coverage of diverse tribunals from the criminal tribunals for the Former Yugoslavia and Rwanda, to economically-based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as criminalizing hate speech, the global importance of human rights for environmental protection, the evolution of international environmental law and the politics of global powers. In the court opinion excerpts and expert commentary that fill this edition, researchers will find detailed guidance on a rich diversity of legal topics, from whether the European Court of Human Rights is effective as the centerpiece of the European human rights protection system to the jurisdictional challenges by respondent States under applicable investment agreements. On these questions and a host of others, this edition provides to students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates.
This publication can also be purchased on a standing order basis.

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international criminal tribunals specifically. The Global Community Yearbook publishes annually in two-volume editions of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and also to choose experts from around the world who contribute essay-guides to illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first volume of each year's edition features expert articles by renowned scholars who address broader themes in international law, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent past jurisprudence: the series now also serves to prepare researchers for future international case law. The 2010 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has already established itself as the authoritative resource for research and guidance on the jurisprudence of both U.N.-based tribunals and regional courts. The 2010 edition continues that sterling reputation through expert coverage of diverse tribunals from the criminal tribunals for the Former Yugoslavia and Rwanda, to economically-based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as global intellectual property law and the legal-political connotation of material support to terrorism. In the court opinion excerpts and expert commentary that fill this edition, researchers will find detailed guidance on a rich diversity of legal topics, from the protection and promotion of sport in the European Union in the wake of the entry into force of the Lisbon Treaty, to relationship between the ICJ and the European Courts and International Criminal Tribunals. On these questions and a host of others, this edition provides to students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. This publication can also be purchased on a standing order basis.

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international criminal tribunals specifically. The Global Community Yearbook publishes annually in two-volume editions of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and also to choose experts from around the world who contribute essay-guides to illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first volume of each year's edition features expert articles by renowned scholars who address broader themes in international law, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent past jurisprudence: the series now also serves to prepare researchers for future international case law.
The 2011 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has already established itself as the authoritative resource for research and guidance on the jurisprudence of both U.N.-based tribunals and regional courts. The 2011 edition continues that sterling reputation through expert coverage of diverse tribunals from the criminal tribunals for the Former Yugoslavia and Rwanda, to economically-based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the global governance of energy and the global health policy. In the court opinion excerpts and expert commentary that fill this edition, researchers will find detailed guidance on a rich diversity of legal topics, from the protection of fundamental rights in the European Union in the wake of the entry into force of the Lisbon Treaty to challenges relating to ICSID's jurisdiction over "investments." On these questions and a host of others, this edition provides to students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates.
This publication can also be purchased on a standing order basis.

This Open Access book offers a novel view on the benefits of a lasting variation between the member states in the EU. In order to bring together thirty very different European states and their citizens, the EU will have to offer more scope for variation. Unlike the existing differentiation by means of opt-outs and deviations, variation is not a concession intended to resolve impasses in negotiations; it is, rather, a different structuring principle. It takes differences in needs and in democratically supported convictions seriously. A common core remains necessary, specifically concerning the basic principles of democracy, rule of law, fundamental rights and freedoms, and the common market. By taking this approach, the authors remove the pressure to embrace uniformity from the debate about the EU's future. The book discusses forms of variation that fall both within and outside the current framework of European Union Treaties. The scope for these variations is mapped out in three domains: the internal market; the euro; and asylum, migration and border control.

This book explores the possibility of an Asian legal sphere based on the model of Europe. It features articles written by leading experts from Europe and Asia. After centuries of violent conflicts, Europe began a process of integration which leads to 75 years of peace and a community with the common values of freedom, fundamental rights, and the rule of law. But the circumstances that lead to the unification of Europe differ from current-day Asia: Besides the huge economic gaps between neighboring countries and a wide variety of political forms of government, Asia also does not share the unifying narrative of post-WWII Europe. From an economic point of view, Asia is a highly developed region; despite the differences between the political systems, the region has grown together-economically and in recent times also politically. However, the legal systems of the respective countries have not created the necessary conditions for a peaceful coexistence. Can Europe be a model for Asia? Based on the history and development of the European unification process, this book asks the question to what extent Asia can look to Europe as a model and what lessons can be learned.

Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field. Each edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text. The 2010 edition of the Digest covers various developments that occurred during the course of the year, including issues relating to the active engagement of the U.S. with the International Criminal Court and the first full year of U.S. participation as a member of the Human Rights Council. Also discussed is U.S. involvement with notable treaties (including the New START Treaty and the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance, to both of which the U.S. Senate gave its advice and consent to ratification during 2010). Other subjects covered include U.S. activities at the United Nations and important judicial decisions from 2010.

In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq?
In their provocative new book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether.
Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable politicalleaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.

a. New in the 2010-2011 Edition Released in annual editions each containing 5-7 volumes, the Annual Review of United Nations Affairs is the only thorough annual survey of major developments at the United Nations. With the publication of the 2010/2011 edition and going forward, the ARUNA series will be enhanced by the inclusion of six new introductory articles written by expert contributors. Readers will find that the detailed commentary of the new introductions will offer invaluable guidance on the activities of various United Nations bodies, including the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice and Tribunals, the Secretariat, and the Peacekeeping and Peace-building Missions. The 2010/2011 edition also features a Foreword by former United Nations Secretary-General Boutros Boutros-Ghali. b. The set generally Since the publication of its first edition in 1950, the Annual Review of United Nations Affairs has stood as the authoritative resource for scholars, students, and practitioners researching the latest developments at the United Nations. From introductory articles on particular topics, prepared by experts on the relevant United Nations bodies, to the full-text presentation of reports and resolutions and the helpful subject index, ARUNA provides a comprehensive tour of each year's UN actions and debates. The expert selection of documents by Joachim Muller and Karl Sauvant and the topic-based organization of those documents make any researcher's task much easier than the vast searching and sorting required by the UN's website. The series' topic-based organization of the materials and subject index lend invaluable guidance to all researchers. ARUNA presents comprehensive documentation of the work of the UN on an annual basis, starting in September of each year with the beginning of the regular sessions of the General Assembly. Coverage of and commentary on the UN's key organs are provided, including the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the UN Secretariat. In addition, selected reports of intergovernmental bodies and expert groups are included. ARUNA occupies a special place in the publications on the work of the UN, as it allows readers to obtain an overview of the principal developments in its key organs. This makes it an important reference source for policy-makers and academic researchers.

Capital cases involving foreigners as defendants are a serious source of contention between the United States and foreign governments. By treaty, foreigner defendants must be informed upon arrest that they may contact a consul of their home country for assistance, yet police and judges in the United States are lax in complying. Foreigners on America's Death Row investigates the arbitrary way United States police departments, courts, and the Department of State implement well-established rights of foreigners arrested in the US. Foreign governments have taken the United States into international courts, which have ruled that the US must enforce the treaty. The United States has ignored these rulings. As a result, foreigners continue to be executed after a legal process that their home governments justifiably find to be flawed. When one country ignores the treaty rights of another as well as the decisions of international courts, the established order of international relations is threatened.

In the modern era, two types of international migration have consumed our attention: politically induced migration to flee war, genocide, and instability, and migration for economic reasons. Recently, though, another force has generated a new wave of refugees-global warming. Climate change has altered terrains and economies throughout the tropical regions of the world, from sub-Saharan Africa to Central America to South and Southeast Asia. In Climate Change and Migration: Security and Borders in a Warming World, Greg White provides a rich account of the phenomenon. Focusing on climate-induced migration from Africa to Europe, White shows how global warming's impact on international relations has been significant, enhancing the security regimes in not only the advanced economies of the North Atlantic, but in the states that serve as transit points between the most advanced and most desperate nations. Furthermore, he demonstrates that climate change has altered the way the nations involved view their own sovereignty, as tightening or defining borders in both Europe and North Africa leads to an increase of the state's reaches over society. White closes by arguing that a serious and comprehensive program to reduce the greenhouse gas emissions that cause climate change is the only long-term solution. With an in-depth coverage of both environmental and border policy from a global perspective, Climate Change and Migration provides a provocative and much-needed link between two of the most pressing issues in contemporary international politics.

European economic integration has relied on policies intended to make the European Union strong and resilient economically, socially and politically. The Eurozone crisis and Brexit have demonstrated, however, how fragile this hope was and how contested reforms to the major European economic policies have become. Dariusz Adamski explains the evolution of these policies - from the Economic and Monetary Union to the internal market, international trade, the EU's climate policy, as well as its redistributive policies - and demonstrates how this evolution has made European economic integration increasingly frail. He shows how erroneous economic and political assumptions regarding the direction of the European integration project have interplayed with the EU's constitutional context. Arguing that flaws in individual policies contributing to European economic integration can be remedied in compliance with the existing constitutional setup, he explains why such solutions would be economically beneficial and politically feasible.

American International Law Cases is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as the U.S. Court of Claims, the U.S. Court of International Trade, the U.S. Tax Court, and state courts that have decided notable cases. The series covers topics such as personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Recent editions have also focused on topics such as the Foreign Sovereign Immunities Act, Forum Non Conveniens, family law, the National Security Exception (to deportation eligibility), and Terrorism, particularly the detention of terrorist suspects. Among the cases of particular interest in the 2010 edition are several Supreme Court decisions that examined international law issues. Topics covered in these cases included the Foreign Sovereign Immunities Act, financial support for terrorism, the Carriage of Goods by Sea Act, the Hague Convention on the Civil Aspects of International Child Abduction, and the extraterritorial application of U.S. securities law. The Supreme Court cases included were Samantar v. Yousuf, Holder v. Humanitarian Law Project, Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., Abbott v. Abbott, and Morrison v. National Australia Bank Ltd. Each edition of AILC also includes an introductory editor's note that both reviews the major developments in international law for the given year and explains to readers how to use the volumes, and a subject index to allow for targeted research. This year's edition contains 10 volumes with almost 300 cases.

This book provides an original account detailing the origins and components of a faith-based accounting system that was founded around 629 CE. By examining the historical development that the accounting systems underwent within the context of faith-based rules and values, the book explains what is meant by the term "faith-based accounting", together with a discussion of its characteristics in relation to various product structures and the underlying Islamic finance principles. It provides important theoretical and practical contributions by explaining accounting as a value-based science rather than a value-free object or abstract. This book explores the way in which religious rules act as a directive for accounting and auditing practices in IFIs. Through which the concept of money and digital currency within the theory of money and how it is enacted in a faith-based context, amid differences of opinions among its actors, is examined. This is an important foundation to explain Islamic accounting and includes how this outcome would shape the faith-based view regarding the new phenomenon of digital currency (DC). Also featured is the concept of paper money within the theory of money and how it is enacted in a faith-based legal framework by identifying two core concepts of today's Fiat money as being a single genus or multi-genera money. This book is not merely an academic work, nor is it a pure practitioner guide; rather, it is a robust work that combines both. It marries rigorous academic research and theories with practical industry experiences. The book provides a clear and concise guide to accounting in Islamic economics and finance and how Islamic financial institutions could meet the applicable faith-based rules in their accounting practices.

This book reflects on selected issues of European law in dialogue with leading legal scholar Bruno De Witte, whose work has enlightened generations of students, scholars and practitioners of European law. The volume is designed to mark the impressive academic oeuvre of a great legal mind and true academic whose elegant and insightful writings have decisively contributed to the advancement of the study of European law. The contributions attempt to 'make sense of European Union law' reflecting Bruno's mission as a legal scholar and commenting on some of the themes that he has worked on: constitutional Europe, differentiated Europe, social and educational Europe and minorities Europe. It culminates in reflections on the very nature of Bruno's scholarship and his academic persona. Not only is this book a public recognition and an expression of appreciation for all that Bruno has offered to the European legal community but also an invitation to challenge the way many scholars think of academic careers and their ways to success.

The European Union is poised to establish a genuine European Energy Union with the new powers conferred on it by the Lisbon Treaty. Since 2014, it has been developing and implementing an energy strategy that responds to the three overarching priorities of climate change, political security, and economic competitiveness by 2030. The European Energy Union aims to provide secure, sustainable and affordable energy throughout the cycle of production, transport and consumption. This book outlines the legal regime underpinning this regulatory strategy, which integrates EU law with international law and with the law of the member states and affiliated states. It analyses and explains the increasing interaction between these legal orders in achieving the shared objective of transforming the European and global energy systems. This book will appeal to scholars and students of energy law and policy at both European and international levels.