Legal and Regulatory Approaches to Counter-Terrorist Financing: The Case of Australia

Michaelsen, Christopher; Goldbarsht, Doron

doi:10.1007/978-3-319-64498-1_33

Cited by 2 publications

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“…Ultimately, this can corrupt the domestic legislative process and risk eroding the legitimacy of the domestically adopted norms themselves. 171 This development reflects a serious encroachment of the separation of powers and raises concerns for other areas of international norm-setting if the globalisation of regulation is to continue. 172…”

Section: A Shift In Power From National To Global Institutions: the F...mentioning

confidence: 99%

Check the Balance: Is the Doctrine of Separation of Powers Sufficient in the Context of Intergovernmental Organisations? A Case Study of Australia’s AML/CTF Financing Framework

Goldbarsht

Harris

2022

Federal Law Review

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This article demonstrates the pressing need to rethink the doctrine of separation of powers in Australia in light of the increasing influence of intergovernmental organisations such as the Financial Action Task Force (‘FATF’), which are shaping domestic lawmaking. The article documents the influence of the FATF on Australia’s anti-money laundering and counter-terrorism financing framework, showing how FATF ‘recommendations’ are in fact decrees that Australia and other nation states integrate into their domestic legal systems — even when the legislative branch of government does not support such actions. The article suggests that Australia should consider implementing a fourth arm of government — an integrity arm — to strengthen the nation against the influence of intergovernmental organisations.

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Section: A Shift In Power From National To Global Institutions: the F...mentioning

confidence: 99%

Check the Balance: Is the Doctrine of Separation of Powers Sufficient in the Context of Intergovernmental Organisations? A Case Study of Australia’s AML/CTF Financing Framework

Goldbarsht

Harris

2022

Federal Law Review

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“…Some scholars, such as Deflem (2010), LaFree and Miller (2008), Michaelsen and Goldbarsht (2018) and Walker et al (2018), argue that terrorism can be prevented through punitive measures, which are defined as the activities that inflict punishment on terrorists for their acts or the activities that are directed towards punishment. For example, Deflem (2010) and Michaelsen and Goldbarsht (2018) argue that punitive measure such as policing helps to prevent terrorism because the policing function helps to establish and restore law and order in the society by arresting the people involved in terrorism. LaFree and Miller (2008) argue that punitive measures such as imprisonment can prevent terrorism through deterrence, incapacitation, surveillance, enculturation and reformation.…”

Section: Emergence Of the Financial War Against Terrorismmentioning

confidence: 99%

The preferred type of financial intelligence for early detection of terrorist financing activities

Gowhor

2021

JMLC

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Purpose This paper aims to inform the readers about the preferred type of financial intelligence for early detection of terrorist financing activities. Design/methodology/approach Literature review methodology was adopted to find the existing approaches of financial intelligence and logical reasoning was applied to sort out what type of financial intelligence is more preferable for early detection of terrorist financing activities. Findings It was found that proactive financial intelligence executed through financial intelligence tools is the most preferred type of financial intelligence for early detection of terrorist financing activities. Research limitations/implications The research will pave the way for further research on how to design financial intelligence tools for the early detection of terrorist financing activities. Practical implications The financial intelligence units will use the preferred type of financial intelligence for the early detection of terrorist financing activities. Social implications It will help to establish peace in the society by thwarting terrorist conspiracies because early detection of terrorist financing through financial intelligence tools will stop the flow of funds to and from terrorists. Originality/value The originality of the paper lies in distinguishing proactive financial intelligence from reactive financial intelligence.

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Legal and Regulatory Approaches to Counter-Terrorist Financing: The Case of Australia

Cited by 2 publications

References 0 publications

Check the Balance: Is the Doctrine of Separation of Powers Sufficient in the Context of Intergovernmental Organisations? A Case Study of Australia’s AML/CTF Financing Framework

Check the Balance: Is the Doctrine of Separation of Powers Sufficient in the Context of Intergovernmental Organisations? A Case Study of Australia’s AML/CTF Financing Framework

The preferred type of financial intelligence for early detection of terrorist financing activities

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