Ius Gentium: Comparative Perspectives on Law and Justice

This book explores the historical and legal importance of two principles, Quod Omnes Tangit, and Tianxia Wei Gong, which have played significant roles in European and Chinese political and legal history. While Quod Omnes Tangit has been thoroughly researched, Tianxia Wei Gong has not been systematically examined. This thesis fills this void and connects these two principles for the first time. 

Quod Omnes Tangit was initially introduced in Justinian's Codex Civil, while Tianxia Wei Gong originated from Liji, one of the books in a key series of works by Confucius. Liji is comparable to the Thora in the Old Testament and is considered as important as law in Chinese legal history. Both principles have undergone comparable developmental processes, with scholars contributing to their reinterpretation. 

This book thoroughly examines the interpretations of individual scholars, with particular attention given to Liang Qichao, who is the only one to have mentioned both Tianxia Wei Gong and Quod Omnes Tangit. The book also provides an explanation for the original discrepancies in their concepts, particularly their methodologies in distributing and legitimizing rights. 

This research will be of interest to legal philosophers and historians in both the Western and Eastern worlds, legal practitioners and policymakers, and researchers seeking to explain current events and explore fundamental differences between the East and West.

This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws.

The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects.

Divided into five parts, the book offers first somegeneral considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions.

This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.

Dive into the intricate realm of modern financial crime combating with this latest collection. Edited by global experts and featuring contributions from leading international scholars, the collection spans a spectrum of financial crimes, including crypto crime, terrorist financing, illegal logging, and money laundering. The collection provides focused insights into institutional risk-based compliance, offering perspectives on practices employed by banks and challenges faced in implementing risk-based measures to combat the financing of weapons of mass destruction. Additionally, it explores the interplay between cannabis regulation and money laundering. 

The collection raises thought-provoking questions about the effectiveness and efficiency of the risk-based approach to financial crime. It explores the evidence supporting its implementation and whether it has proven to be the best alternative. Specific concerns regarding bias and discrimination, especially in relation to mutual evaluations conducted by the Financial Action Task Force, are addressed. In light of these concerns and current evidence, the collection provides constructive proposals and enhances the understanding of the challenges that need to be navigated in the ongoing fight against financial crime. 

This book a product of the Financial Integrity Hub (FIH), is essential reading for professionals, scholars, and anyone interested in staying ahead in the ever-evolving landscape of financial crime risk management.

Chapters "The Crime-Crypto Nexus: Nuancing Risk across Crypto-Crime Transactions" and "The FATF’s Combating of Financing of Proliferation Standards: Private Sector Implementation Challenges" are available open access under a Creative Commons Attribution 4.0 International License> via link.springer.com.

Embark on a journey through the dynamic landscape of global financial crime combating with our latest collection, meticulously curated by leading researchers. At the intersection of finance, technology, law, governance, and international cooperation, this multidisciplinary exploration offers profound insights into the nuanced world of financial crime across diverse jurisdictions, including Australia, Germany, New Zealand, Nigeria and the United Kingdom.

Discover a wealth of knowledge as contributors investigate facets such as asset forfeiture, non-conviction-based asset recovery, money laundering in the real estate sector, and the challenges and opportunities posed by new technologies and fintechs. Unravel the crypto crime and terror nexus and explore the necessity of public–private collaboration to combat the abuse of Non-Fungible Tokens. Dive into policy approaches, including the WireCard scandal, and understand how good governance, both public and corporate, remains paramount in the fight against financial crime.

As we navigate an age of intergovernmental rulemaking, the collection emphasizes the crucial role of robust governance frameworks and examines the impact of permissive regulation on practices in the City of London. Delve into discussions on crime risk, risk management, de-risking, and the potential consequences of overcompliance and conservative risk approaches on financial exclusion levels.

While global standards on financial crime have solidified over the past three decades, the future direction of standard-setting and compliance enforcement remains uncertain in our complex global political landscape. The collection concludes by pondering these current challenges, offering a thought-provoking exploration of what lies ahead.

This collection a product of the Financial Integrity Hub (FIH), serves as a valuable resource for financial regulators, compliance officers, and scholars, offering profound insights and perspectives to navigate the dynamic landscape of financial crime combatting.

Chapters "Non-Conviction-Based Asset Recovery in Nigeria – An Additional Tool for Law Enforcement Agencies?", "'De-risking’ Denials of Bank Services: An Over-Compliance Dilemma?" and "Terror on the Blockchain: The Emergent Crypto-Crime-Terror Nexus" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

The cases analysed involve litigation concerning a disparate range of contemporary US culture wars  including equity in access to public services unrestricted by religious bias,  resistance to the teaching of historical facts relating to racial tensions in America including the so-called ‘critical race theory’ debate, the right of schoolchildren to exposure concerning a diversity of views, current USSC litigation about US university admissions policy that considers ‘race’ (ethnicity) as one factor amongst many in admission,  contemporary cases concerning the constitutionality of US abortion law grounded on Roe v Wade and the scope of State and indigenous sovereign powers  These contemporary culture war US landmark cases are then compared to similar cases in non-US jurisdictions and courts to consider in more depth the underlying core issues in these cases.

The book highlights the risk to a democracy of recasting fundamental human rights litigation as essentially nothing more than the sorting out of political quagmires and cultural conflicts best left to the discretion of government rather than the courts. Then, the major risk is that constitutional controversies will increasingly not be decided by an independent judiciary but rather by self-interested politicians as the courts more often than not decline to weigh in on highly sensitive human rights controversies. A further risk is that instead such cases will be decided through a judicial majoritarian political lens rather than a largely apolitical consensus judicial opinion constructed by both philosophically left leaning (so-called liberal) and right leaning (so-called conservative) jurists.

This book explores the connections between economic development and the protection of human rights. Drawing on experiences from Sub-Saharan African countries, the book demonstrates how various economic activities impact the protection of human rights in Sub-Saharan Africa. The book explores the core concepts and principles, theory and practice, accountability mechanisms, and key challenges to the protection of human rights in Sub-Saharan Africa in the era of global economic development. It also shows the ways in which human rights law and development can be used to obtain relief for the victims of environmental degradation or adverse effects of climate change in Africa. In addition, it places emphasis on development and economic policies to highlight the pros and cons of using human rights-based approaches and its significance in the context of economic development and human rights in Africa.

The book is divided into three parts: Part I focuses on the conceptual and theoretical foundations of human rights and economic developments in Africa and covers essential concepts, historical perspectives, the African human rights framework, human rights litigation, and comparative approaches. Part II addresses the intersection of economic development and human rights in Sub-Saharan Africa, including human rights and individual liberties in the context of economic empowerment of citizens; human rights and the development of regional economic integration; human rights and economic independence; human rights and the economic empowerment of vulnerable groups; and human rights and cultures. The third and final part focuses on challenges and prospects of human rights and the economy in Sub-Saharan Africa by taking a closer look at human rights and globalization, cultural relativism, science and technology, state sovereignty, and governance structures and systems.

The book is intended for researchers, policymakers, university students, and practitioners in international human rights law, environmental law, natural resources law and development.

This book, a product of the Financial Integrity Hub (FIH), explores the societal costs of combating financial crime and the balance between security imperatives, individual rights, and the integrity of global financial systems. It examines the ethical dilemmas and practical challenges faced by policymakers, practitioners, and the public as they navigate the evolving landscape of anti-money laundering and counter-terrorism financing (AML/CTF) regimes.

While designed to safeguard societies and economies, measures from these regimes can erode privacy, stifle legitimate activity, and exacerbate inequalities. Through analysis and real case studies, this book scrutinises the ethical and legal dilemmas arising from expanded surveillance, showing how the pursuit of security can undermine civil liberties and invite abuse. It assesses the impact of regulatory frameworks on non-profit organisations, vulnerable populations, and businesses, drawing attention to the unintended consequences of well-intentioned policies. It also examines the expanding role of technology in surveillance, raising critical questions about the future of privacy in an increasingly interconnected world. The book highlights the intersection of financial crime and environmental exploitation, demonstrating the far-reaching effects of illicit activity.

Through a global lens, it evaluates regulatory approaches including unexplained wealth orders, risk-based assessments, and emerging tools like Central Bank Digital Currencies. It exposes gaps in current frameworks, questioning whether they adequately address evolving threats of terrorist financing and complex financial crimes. By engaging with these challenges, the book calls for a more nuanced approach to financial crime control, one that protects society without undermining its core values.

Essential reading for legal professionals, policymakers, academics, law enforcement agencies, financial institutions, and anyone concerned with the global fight against financial crime, this book provides critical insights into its ethical and legal dimensions. It encourages reflection on unintended consequences and advocates for a fair, responsible, and balanced approach to safeguarding financial integrity.

Chapter “Surveilling the Citizen: Constitutional Tensions within the Canadian AML Regime” is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/). For further details see license information in the chapter.