From the perspective of defuturing design philosophy, this article discusses the close relationship between the growing body of artificial-intelligence (AI) artifacts in the Brazilian Judiciary and the phenomenon of litigiousness therein. Litigiousness has traditionally been tackled through mechanisms that increase productivity and efficiency in case processing, a strategy that has not succeeded in reducing litigiousness, as data make evident. Analyzing data from relevant sources, this article demonstrates that AI artifacts mostly perform tasks related to clustering and mass handling of cases, following the same path dependency. Consequently, they entail risks of judges’ alienation and loss of agency, which can negatively impact citizens’ fundamental rights. Moreover, they defuture; that is, they erase other (preferable) futures. Albeit AI artifacts can play a part in tackling litigiousness, there should be a critical reflection upon futuring and defuturing. Therefore, this article recommends that SoDF—a systemic approach to design that seeks to explore design consequences, futuring and defuturing—be mandatory to any AI design process. Additionally, it proposes continuous judicial monitoring for alienation and loss of agency, as well as investments in judicial education to empower judges to effectively control and supervise AI artifacts. Finally, it suggests a further research agenda.
本文从去污设计哲学的角度出发，讨论了巴西司法机构中日益增多的人工智能（AI）人工制品与其中的诉讼现象之间的密切关系。诉讼率问题历来是通过提高案件处理的生产力和效率的机制来解决的，但正如数据所显示的那样，这一策略并没有成功减少诉讼率。本文分析了相关来源的数据，表明人工智能人工智能主要执行与案件集群和大规模处理相关的任务，遵循相同的路径依赖。因此，它们会带来法官异化和丧失代理权的风险，从而对公民的基本权利产生负面影响。此外，人工智能还具有 "去未来化"（defuture）的特点，即抹杀了其他（更可取的）未来。尽管 AI 人工智能可以在解决诉讼问题方面发挥作用，但我们应该对未来化和去未来化进行批判性反思。因此，本文建议，SoDF--一种系统性的设计方法，旨在探索设计后果、未来性和违宪性--应成为任何人工智能设计过程的必修课。此外，文章还建议对异化和代理权丧失进行持续的司法监控，并对司法教育进行投资，以增强法官有效控制和监督人工智能人工制品的能力。最后，它提出了进一步的研究议程。
{"title":"Exploring Defuturing to Design Artificial-Intelligence Artifacts: A Systemic-Design Approach to Tackle Litigiousness in the Brazilian Judiciary","authors":"L. A. C. Münch, Taís Schilling Ferraz","doi":"10.3390/laws13010004","DOIUrl":"https://doi.org/10.3390/laws13010004","url":null,"abstract":"From the perspective of defuturing design philosophy, this article discusses the close relationship between the growing body of artificial-intelligence (AI) artifacts in the Brazilian Judiciary and the phenomenon of litigiousness therein. Litigiousness has traditionally been tackled through mechanisms that increase productivity and efficiency in case processing, a strategy that has not succeeded in reducing litigiousness, as data make evident. Analyzing data from relevant sources, this article demonstrates that AI artifacts mostly perform tasks related to clustering and mass handling of cases, following the same path dependency. Consequently, they entail risks of judges’ alienation and loss of agency, which can negatively impact citizens’ fundamental rights. Moreover, they defuture; that is, they erase other (preferable) futures. Albeit AI artifacts can play a part in tackling litigiousness, there should be a critical reflection upon futuring and defuturing. Therefore, this article recommends that SoDF—a systemic approach to design that seeks to explore design consequences, futuring and defuturing—be mandatory to any AI design process. Additionally, it proposes continuous judicial monitoring for alienation and loss of agency, as well as investments in judicial education to empower judges to effectively control and supervise AI artifacts. Finally, it suggests a further research agenda.","PeriodicalId":30534,"journal":{"name":"Laws","volume":"8 29","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139437828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Renewed attention to equity in higher education is welcome because true equity helps us to reason together well. When administered correctly, the jurisprudence of equity models civil discourse and, therefore, can teach us how to carry out civic engagement reasonably. Equitable interpretation of the law teaches us how to understand each other charitably. And equity’s deference to law teaches us how to reason well together about our practical problems. Law is the practical reasoning that we do together. Equity serves the ends of justice by serving law, rather than undermining it. These functions of equity in adjudication point toward a model of equity in practical reasoning and civic discourse more broadly. Research method: jurisprudence.
{"title":"Why Equity Follows the Law","authors":"Adam J. MacLeod","doi":"10.3390/laws13010003","DOIUrl":"https://doi.org/10.3390/laws13010003","url":null,"abstract":"Renewed attention to equity in higher education is welcome because true equity helps us to reason together well. When administered correctly, the jurisprudence of equity models civil discourse and, therefore, can teach us how to carry out civic engagement reasonably. Equitable interpretation of the law teaches us how to understand each other charitably. And equity’s deference to law teaches us how to reason well together about our practical problems. Law is the practical reasoning that we do together. Equity serves the ends of justice by serving law, rather than undermining it. These functions of equity in adjudication point toward a model of equity in practical reasoning and civic discourse more broadly. Research method: jurisprudence.","PeriodicalId":30534,"journal":{"name":"Laws","volume":"44 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139451105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The present study aims at providing an overview of the international, European, and national legal frameworks relating to the obligation of intermediaries of financial transactions to report to tax authorities, and the professional secrecy which applies to their professions, as well as the conflict between the two. The authors address these topics from theoretical and jurisprudential perspectives, both at national and European levels, using doctrinaire, documentary, and comparative approaches. The analyses pointed out that the focus is placed on lawyer–intermediaries’ activities and liabilities when their activity is covered by confidentiality and legal privilege. Specific attention was revealed to be necessary when the conditions under which an exemption from the reporting obligation applies, and the particularities of the effects of the regulation in these scenarios. The topic of observing the legal framework and solving the possible conflicts generated by the divergent regulation of the law enforced has been the subject matter of recent European case laws that impact all the legal systems of the European Union’s member states, which has necessitated an examination of the hierarchy of law systems within the European Union member states and to emphasize the practical jurisprudential effects.
{"title":"The Professional Conflict Pertaining to Confidentiality—The Obligation of Disclosure for Intermediaries of Financial Transactions","authors":"Mihaela Tofan, Alina-Adriana Arseni","doi":"10.3390/laws13010002","DOIUrl":"https://doi.org/10.3390/laws13010002","url":null,"abstract":"The present study aims at providing an overview of the international, European, and national legal frameworks relating to the obligation of intermediaries of financial transactions to report to tax authorities, and the professional secrecy which applies to their professions, as well as the conflict between the two. The authors address these topics from theoretical and jurisprudential perspectives, both at national and European levels, using doctrinaire, documentary, and comparative approaches. The analyses pointed out that the focus is placed on lawyer–intermediaries’ activities and liabilities when their activity is covered by confidentiality and legal privilege. Specific attention was revealed to be necessary when the conditions under which an exemption from the reporting obligation applies, and the particularities of the effects of the regulation in these scenarios. The topic of observing the legal framework and solving the possible conflicts generated by the divergent regulation of the law enforced has been the subject matter of recent European case laws that impact all the legal systems of the European Union’s member states, which has necessitated an examination of the hierarchy of law systems within the European Union member states and to emphasize the practical jurisprudential effects.","PeriodicalId":30534,"journal":{"name":"Laws","volume":"94 18","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139131757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2022, the European Commission introduced, for the first time in its history, a windfall profit tax to be applied on “excessive” profits realized by qualified businesses operating in the “Oil and Gas” sector. Immediately after its implementation, questions arose as to its sustainability and its consistency with constitutional principles of the different member states regulating the domestic power to tax. To assess the consistency with the aforesaid rules, the article samples two countries, inside and outside the EU (Italy and Australia, respectively), and the historical precedents of the matter. Italy has been chosen due to the particularly stringent set of principles regulating the power of the legislature to tax, and Australia has been chosen because of the long-standing experience with superprofit taxes. In most of the scenarios analyzed, one common feature emerged: the complexity in defining the “Extra” nature of the profits and, consequently, the uncertainties in the calculation of the taxable base. In the case of Italy, for instance, the legislator had to intervene in several different moments to fine-tune the taxable base and restore certainty to the tax system. As a conclusion, while the taxation of extra profits should not per se be disregarded, its implementation demands a more robust and precise legal framework together with the understanding that the introduction of such a levy would be a one-way journey for the tax systems: windfall profits taxes would be here to stay.
{"title":"Windfall Profit Taxation in Europe (and Beyond)","authors":"M. Greggi, Anna Miotto","doi":"10.3390/laws13010001","DOIUrl":"https://doi.org/10.3390/laws13010001","url":null,"abstract":"In 2022, the European Commission introduced, for the first time in its history, a windfall profit tax to be applied on “excessive” profits realized by qualified businesses operating in the “Oil and Gas” sector. Immediately after its implementation, questions arose as to its sustainability and its consistency with constitutional principles of the different member states regulating the domestic power to tax. To assess the consistency with the aforesaid rules, the article samples two countries, inside and outside the EU (Italy and Australia, respectively), and the historical precedents of the matter. Italy has been chosen due to the particularly stringent set of principles regulating the power of the legislature to tax, and Australia has been chosen because of the long-standing experience with superprofit taxes. In most of the scenarios analyzed, one common feature emerged: the complexity in defining the “Extra” nature of the profits and, consequently, the uncertainties in the calculation of the taxable base. In the case of Italy, for instance, the legislator had to intervene in several different moments to fine-tune the taxable base and restore certainty to the tax system. As a conclusion, while the taxation of extra profits should not per se be disregarded, its implementation demands a more robust and precise legal framework together with the understanding that the introduction of such a levy would be a one-way journey for the tax systems: windfall profits taxes would be here to stay.","PeriodicalId":30534,"journal":{"name":"Laws","volume":"3 4","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138954910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ana Tereza Souza Domingos, Carolina Oliveira Mesquita, Emiliano Lobo de Godoi, T. Mendes
The planning and application of public policies in the panorama of the right to adequate food stands out for the development of the food supply of the Brazilian population. However, it is questionable whether these public policies have been effective in contributing to adequate nutrition. The aim of this article is to study the effectiveness of public food security policies in Brazil between 2012 and 2022. Also, urban agriculture is analyzed as an alternative food policy that can be carried out by the population, and contributes to the use of urban space. To understand the country’s food security situation and the effectiveness of public policies in avoiding a scenario of hunger and insecurity, the hypothetical-deductive method and the technique of bibliographical and documentary research are used, together with the theoretical framework in the theory of the cycle of public policies. It is concluded that the public policies developed were gradually weakened, and that between 2019 and 2022, the Brazilian government took measures discouraging the implementation of food policies. Brazil, with disjointed policies, facing the pandemic and an economic crisis, is in a situation of food insecurity and has portions of the population in a situation of hunger.
{"title":"Brazil’s Return to the Hunger Map: An Analysis of Public Policies and Effective Measures for Food Security","authors":"Ana Tereza Souza Domingos, Carolina Oliveira Mesquita, Emiliano Lobo de Godoi, T. Mendes","doi":"10.3390/laws12060090","DOIUrl":"https://doi.org/10.3390/laws12060090","url":null,"abstract":"The planning and application of public policies in the panorama of the right to adequate food stands out for the development of the food supply of the Brazilian population. However, it is questionable whether these public policies have been effective in contributing to adequate nutrition. The aim of this article is to study the effectiveness of public food security policies in Brazil between 2012 and 2022. Also, urban agriculture is analyzed as an alternative food policy that can be carried out by the population, and contributes to the use of urban space. To understand the country’s food security situation and the effectiveness of public policies in avoiding a scenario of hunger and insecurity, the hypothetical-deductive method and the technique of bibliographical and documentary research are used, together with the theoretical framework in the theory of the cycle of public policies. It is concluded that the public policies developed were gradually weakened, and that between 2019 and 2022, the Brazilian government took measures discouraging the implementation of food policies. Brazil, with disjointed policies, facing the pandemic and an economic crisis, is in a situation of food insecurity and has portions of the population in a situation of hunger.","PeriodicalId":30534,"journal":{"name":"Laws","volume":"22 22","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138972201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As the green bond market expands, an increasing number of Green Bond External Reviewers (hereafter ‘GBER’ or ‘GBERs’) have gained momentum among investors and financial regulators. A GBER enhances the credibility of green bonds and prevents greenwashing risk in the green bond market by reducing the information asymmetry between issuers and investors. China is the second largest issuer of green bonds in the world. The current Chinese GBER legal framework is insufficient to ensure green bond market sustainability. Our purpose in this paper is to analyze the inadequacies of the Chinese GBER regulatory framework and to provide suggestions for overcoming the potential challenges within it. A textual analysis of primary legal sources and secondary academic sources serves as the main research methodology in this study. This paper provides an in-depth analysis of China’s GBER regulatory framework and addresses its shortcomings and weaknesses. Furthermore, given the evolving stage of the Chinese green bond market, this paper analyzes potential challenges for GBERs and proposes some suggestions to ensure high-quality reviews by GBERs.
{"title":"To Enhance the Credibility of the Green Bond Market through Regulating GBERs: The Case of China","authors":"Xiayang Chen, Weiqiu Long","doi":"10.3390/laws12060091","DOIUrl":"https://doi.org/10.3390/laws12060091","url":null,"abstract":"As the green bond market expands, an increasing number of Green Bond External Reviewers (hereafter ‘GBER’ or ‘GBERs’) have gained momentum among investors and financial regulators. A GBER enhances the credibility of green bonds and prevents greenwashing risk in the green bond market by reducing the information asymmetry between issuers and investors. China is the second largest issuer of green bonds in the world. The current Chinese GBER legal framework is insufficient to ensure green bond market sustainability. Our purpose in this paper is to analyze the inadequacies of the Chinese GBER regulatory framework and to provide suggestions for overcoming the potential challenges within it. A textual analysis of primary legal sources and secondary academic sources serves as the main research methodology in this study. This paper provides an in-depth analysis of China’s GBER regulatory framework and addresses its shortcomings and weaknesses. Furthermore, given the evolving stage of the Chinese green bond market, this paper analyzes potential challenges for GBERs and proposes some suggestions to ensure high-quality reviews by GBERs.","PeriodicalId":30534,"journal":{"name":"Laws","volume":"23 9","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138971932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2020, the United Kingdom’s Divisional Court made international headlines for their decision in Bell v Tavistock (2020) [...]
2020年，英国地方法院因贝尔诉塔维斯托克案(2020年)的判决而登上国际头条[…]
{"title":"A Continuum of Protection to Empowerment: The Evolving Legal Landscape of Decision-Making for Children and Adolescents","authors":"Dominique Moritz, Ben Mathews","doi":"10.3390/laws12060089","DOIUrl":"https://doi.org/10.3390/laws12060089","url":null,"abstract":"In 2020, the United Kingdom’s Divisional Court made international headlines for their decision in Bell v Tavistock (2020) [...]","PeriodicalId":30534,"journal":{"name":"Laws","volume":"13 5","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138597058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On 27 March 2023, Aiden Hale broke into the Covenant School, a private Christian academy in Nashville, TN, and killed three students and three staff members. Hale, a former student at the school, was transgender. Although assigned female at birth, Hale identified as male, asked to be called by a male name, and used he/him pronouns. In the aftermath of the shooting, a newfound wave of anti-trans rhetoric soared, once again putting members of the transgender community in harm’s way. In this article, we review the details of the Covenant School shooting and consider them in the context of the anti-trans movement in the United States, a movement that has escalated as transgender people have become more visible and more vocal in society. We then present findings from an extensive content analysis of newspaper coverage in the two weeks following the shooting (27 March–10 April). In so doing, we add to the literature on K-12 school shootings and gender studies, specifically stigma towards the transgender community.
{"title":"The Covenant School Shooting: Media Coverage and Backlash against the Transgender Community","authors":"Daisy Ball, James Suleyman","doi":"10.3390/laws12060088","DOIUrl":"https://doi.org/10.3390/laws12060088","url":null,"abstract":"On 27 March 2023, Aiden Hale broke into the Covenant School, a private Christian academy in Nashville, TN, and killed three students and three staff members. Hale, a former student at the school, was transgender. Although assigned female at birth, Hale identified as male, asked to be called by a male name, and used he/him pronouns. In the aftermath of the shooting, a newfound wave of anti-trans rhetoric soared, once again putting members of the transgender community in harm’s way. In this article, we review the details of the Covenant School shooting and consider them in the context of the anti-trans movement in the United States, a movement that has escalated as transgender people have become more visible and more vocal in society. We then present findings from an extensive content analysis of newspaper coverage in the two weeks following the shooting (27 March–10 April). In so doing, we add to the literature on K-12 school shootings and gender studies, specifically stigma towards the transgender community.","PeriodicalId":30534,"journal":{"name":"Laws","volume":"27 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139215342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
While the colonial and apartheid regimes utilised draconian, arbitrary, segregated, discriminatory, and exclusive anti-black social-socioeconomic policies and laws to deny the majority of black South Africans access to and participation in various economic activities, post 1994 democratic South Africa has strategically introduced progressive policies and laws to ensure that black South Africans play active productive roles in socio-economic activities in all sectors. While this is commendable, various corporations and businesses owned by white companies are supposed to ensure that black people become part and parcel of the businesses, and companies are being denied active participation, using fronting purposefully to circumvent the requirements of the anti-fronting laws. Against this backdrop, this paper seeks to analyse the post-apartheid anti-fronting interventions that foster the mainstreaming of black South Africans into the corporate sector. The paper uses a literature review methodology to find and analyse primary and secondary sources of data relating to equality, BEE, and fronting. This paper presents the historical exclusion of blacks through the instrumentality of colonial and apartheid apparatuses and laws brutally utilised to exclude blacks from economic activities. Post 1994 democratic transformative interventions—laws—have been enacted to redress the segregated and exclusive laws; however, fronting activities and practices continue to undermine and circumvent successful implementation. This said, the post 1994 government continues to tackle impunity through the exploration of civil and criminal responsibilities and accountability of perpetrators and use the rule of law-judicial means to hold perpetrators accountable. This paper found that fronting is a persisting issue in South Africa despite anti-fronting legislative measures developed over the past years when the B-BBEE Act was amended. This paper advises more on pro-active anti-fronting measures to pro-actively foster the mainstreaming of black South Africans into the corporate sector.
{"title":"An Analysis of Post-Apartheid Anti-Fronting Interventions Fostering Mainstreaming of the Black South Africans into Corporate Sector","authors":"Treasure Hlayisani Mathebula, Kolawole Olusola Odeku","doi":"10.3390/laws12060087","DOIUrl":"https://doi.org/10.3390/laws12060087","url":null,"abstract":"While the colonial and apartheid regimes utilised draconian, arbitrary, segregated, discriminatory, and exclusive anti-black social-socioeconomic policies and laws to deny the majority of black South Africans access to and participation in various economic activities, post 1994 democratic South Africa has strategically introduced progressive policies and laws to ensure that black South Africans play active productive roles in socio-economic activities in all sectors. While this is commendable, various corporations and businesses owned by white companies are supposed to ensure that black people become part and parcel of the businesses, and companies are being denied active participation, using fronting purposefully to circumvent the requirements of the anti-fronting laws. Against this backdrop, this paper seeks to analyse the post-apartheid anti-fronting interventions that foster the mainstreaming of black South Africans into the corporate sector. The paper uses a literature review methodology to find and analyse primary and secondary sources of data relating to equality, BEE, and fronting. This paper presents the historical exclusion of blacks through the instrumentality of colonial and apartheid apparatuses and laws brutally utilised to exclude blacks from economic activities. Post 1994 democratic transformative interventions—laws—have been enacted to redress the segregated and exclusive laws; however, fronting activities and practices continue to undermine and circumvent successful implementation. This said, the post 1994 government continues to tackle impunity through the exploration of civil and criminal responsibilities and accountability of perpetrators and use the rule of law-judicial means to hold perpetrators accountable. This paper found that fronting is a persisting issue in South Africa despite anti-fronting legislative measures developed over the past years when the B-BBEE Act was amended. This paper advises more on pro-active anti-fronting measures to pro-actively foster the mainstreaming of black South Africans into the corporate sector.","PeriodicalId":30534,"journal":{"name":"Laws","volume":"57 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136348167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
To fight corruption, money laundering, and organized crime, a proposed APUNCAC Beneficial Owner Rule would require financial service personnel to obtain and submit certification by the true beneficial owner when covered funds are transacted in amounts exceeding USD 3000. The strategy would trap front men into false statements, create a transaction-level record of assertions by front men that can be tested by a prosecutor, eliminate loopholes that allow criminals to escape prosecution in offshore havens, not require proof of a predicate crime or the illicit nature of funds, trigger a chain of witness cooperation, fight organized crime using a domino strategy, and be accomplished via a relatively simple change in domestic laws. Analysis suggests (1) the required technology exists; (2) transaction friction would be minimal; and (3) that the implementation of the Rule is feasible and practical, both operationally and from a legal standpoint, suggesting that the proposed Rule offers a promising strategy to fight organized crime.
{"title":"The Anticorruption Protocol to the United Nations Convention against Corruption Beneficial Owner Rule","authors":"Stuart S. Yeh","doi":"10.3390/laws12060086","DOIUrl":"https://doi.org/10.3390/laws12060086","url":null,"abstract":"To fight corruption, money laundering, and organized crime, a proposed APUNCAC Beneficial Owner Rule would require financial service personnel to obtain and submit certification by the true beneficial owner when covered funds are transacted in amounts exceeding USD 3000. The strategy would trap front men into false statements, create a transaction-level record of assertions by front men that can be tested by a prosecutor, eliminate loopholes that allow criminals to escape prosecution in offshore havens, not require proof of a predicate crime or the illicit nature of funds, trigger a chain of witness cooperation, fight organized crime using a domino strategy, and be accomplished via a relatively simple change in domestic laws. Analysis suggests (1) the required technology exists; (2) transaction friction would be minimal; and (3) that the implementation of the Rule is feasible and practical, both operationally and from a legal standpoint, suggesting that the proposed Rule offers a promising strategy to fight organized crime.","PeriodicalId":30534,"journal":{"name":"Laws","volume":"55 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135322995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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