The Legal Status of the Financial Action Task Force in the International Legal System: International and Comparative Business Law and Public Policy, cartea 7
Autor Ilda Cristina Ferreiraen Limba Engleză Hardback – 19 dec 2024
This book’s analytical framework can be applied to any organisation whose legal nature remains undefined, attempting to provide clarity and legal certainty in the international legal system’s architecture of the 21st century.
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Specificații
ISBN-13: 9789004715127
ISBN-10: 9004715126
Pagini: 332
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International and Comparative Business Law and Public Policy
ISBN-10: 9004715126
Pagini: 332
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International and Comparative Business Law and Public Policy
Notă biografică
Ilda Cristina Ferreira, PhD (2023) University of Hong Kong, jurist in international law of the Macao SAR, lecturer at the University of Macau. She has published articles on international law, transnational criminal law, legal co-operation and human rights in the context of the Macao SAR.
Cuprins
Preface
Acknowledgements
List of Abbreviations
1Introduction
2Description of the Financial Action Task Force
1 Historical Background and Raison d’ Être
2 Legal Nature and Mandate
2.1Character and Mandate
2.2Lifespan
2.3Legal Nature
2.4Political Accountability
3 Internal Legal Order
3.1The fatf Bodies
3.1.1 The Plenary
3.1.2 The President
3.1.3 The Steering Group
3.1.4 The Secretariat
4 Membership, Affiliation and Observers
4.1Membership
4.2Associate Membership
4.3Observers
5 Budgetary Matters
6 Policy and Lawmaking Powers
6.1fatf Recommendations
6.2Typologies, Best Practices and Guidance Papers
7 Monitoring and Sanctioning Powers
7.1Mutual Evaluation Process
7.1.1 Common Methodology
7.1.2 Follow-up Process
7.1.3 The 5th Round of Mutual Evaluations
7.2Sanctioning Power: ‘Name and Shame’ Policy and Countermeasures
7.2.1 Non-cooperative Countries and Territories
7.2.2 The fatf’s Grey and Black Lists
7.3Technical Assistance
8 The fatf Regional Bodies
8.1The Caribbean Financial Action Task Force
8.2The Asia-Pacific Group on Money Laundering
8.3The Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism
8.4The Eastern and Southern Africa Anti-Money Laundering Group
8.5The Inter-Governmental Action Group against Money Laundering in West Africa
8.6The Financial Action Task Force of Latin America
8.7The Task Force on Money Laundering in Central Africa
8.8The Eurasian Group on Combating Money Laundering and Financing of Terrorism
8.9The Middle East and North Africa Financial Action Task Force
8.10Some Singularities
9 External Relations
9.1International and Regional Co-operation and Third Countries
9.1.1 The imf and the wb
9.1.2 The un/unsc
9.1.3 The G-20
9.1.4 Third Countries
9.2Private Sector and Civil Society Outreach
9.2.1 Private Sector
9.2.2 Civil Society Outreach
3International Organisations
1 Definitions and Criteria
1.1‘Common Characteristics’, Nuances and Diversity of Design Patterns
1.2Sui Generis Cases
1.2.1 The Inter-parliamentary Union
1.2.2 The International Criminal Police Organisation
1.2.3 The General Agreement on Tariffs and Trade
1.2.4 The Commonwealth
1.2.5 The Nordic Council
1.2.6 The Organisation for Security and Co-operation in Europe
1.2.7 The Black Sea Economic Co-operation
1.2.8 The European Union
1.3Finding Common Ground among International Organisations
2 io s as Subjects of International Law and Theoretical Approaches
2.1International Personality and Capacity
2.2Theoretical Approaches to International Personality
2.3The icj Opinion in Reparation of Injuries Suffered in the Service of the UN
3 Summary
4The Financial Action Task Force as an International Organisation
1 A New Perspective on the Legal Status of the fatf
2 Membership
3 Created under International Law
3.1The Constitutional Framework of the fatf
3.2The High-Level Principles and Objectives for fatf and fatf-Style Regional Bodies
4 An Organ of Its Own with a Distinct Will
4.1fatf’s Reports and Action Plans
4.2High-Level Missions or Letters to Governments
4.3Public Interventions and Statements
5 To Operate on the International Plane according to International Law
5.1Key Institutional Decisions and Actions
5.1.1 Core Institutional Change
5.1.2 The Relationship between the fatf and the fsrb s
5.1.3 The Global Network
5.1.4 The Brand and Reputation Issues
5.2Key Regulatory and Operational Actions and Their External Impact
5.2.1 The fatf Recommendations and Their Normative Dimension
5.2.2 Emergence of Customary International Law
5.2.3 Mutual Evaluation Process and Blacklisting
6 External Recognition by Other Subjects of International Law
6.1The fatf’s Legal Status and External Participation
6.2fatf’s Institutional Participation
6.3fatf’s External Impact in other io s and International Institutions
6.3.1 The Council of Europe
6.3.2 The European Union
6.3.3 The unsc and Other International Institutions
7 The Relevance of the Will of the Members
8 Summary
5Relevance and Challenges
1 Why Does the fatf Case Matter? Why Is It Relevant to International Institutional Law and International Public Law?
1.1The fatf as an Institutional Model
1.1.1 The Asia-Pacific Group on Money Laundering
1.1.2 Global Forum on Transparency and Exchange of Information for Tax Purposes
1.1.3 fatf Cyber-Style Security Body Proposal
1.2The fatf as a Model at Operational Level
1.3The fatf Regime as a Model for Other Regimes of Global Concern
2 Implications and Challenges as a Subject of International Law with Public Authority
2.1The fatf as a Subject of International Law and Public Authority
2.2fatf’s Exercise of Public Functions, Gaps and Improvement
2.2.1 The ‘Club-Member’ Character
2.2.2 Unbalanced Relationship with the fsrb s’ Jurisdictions and Risk of Detachment
2.2.3 Accountability, Sovereignty, Transparency
2.2.4 Unintended Consequences
3 Summary
6Conclusion
Bibliography
Index
Acknowledgements
List of Abbreviations
1Introduction
2Description of the Financial Action Task Force
1 Historical Background and Raison d’ Être
2 Legal Nature and Mandate
2.1Character and Mandate
2.2Lifespan
2.3Legal Nature
2.4Political Accountability
3 Internal Legal Order
3.1The fatf Bodies
3.1.1 The Plenary
3.1.2 The President
3.1.3 The Steering Group
3.1.4 The Secretariat
4 Membership, Affiliation and Observers
4.1Membership
4.2Associate Membership
4.3Observers
5 Budgetary Matters
6 Policy and Lawmaking Powers
6.1fatf Recommendations
6.2Typologies, Best Practices and Guidance Papers
7 Monitoring and Sanctioning Powers
7.1Mutual Evaluation Process
7.1.1 Common Methodology
7.1.2 Follow-up Process
7.1.3 The 5th Round of Mutual Evaluations
7.2Sanctioning Power: ‘Name and Shame’ Policy and Countermeasures
7.2.1 Non-cooperative Countries and Territories
7.2.2 The fatf’s Grey and Black Lists
7.3Technical Assistance
8 The fatf Regional Bodies
8.1The Caribbean Financial Action Task Force
8.2The Asia-Pacific Group on Money Laundering
8.3The Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism
8.4The Eastern and Southern Africa Anti-Money Laundering Group
8.5The Inter-Governmental Action Group against Money Laundering in West Africa
8.6The Financial Action Task Force of Latin America
8.7The Task Force on Money Laundering in Central Africa
8.8The Eurasian Group on Combating Money Laundering and Financing of Terrorism
8.9The Middle East and North Africa Financial Action Task Force
8.10Some Singularities
9 External Relations
9.1International and Regional Co-operation and Third Countries
9.1.1 The imf and the wb
9.1.2 The un/unsc
9.1.3 The G-20
9.1.4 Third Countries
9.2Private Sector and Civil Society Outreach
9.2.1 Private Sector
9.2.2 Civil Society Outreach
3International Organisations
1 Definitions and Criteria
1.1‘Common Characteristics’, Nuances and Diversity of Design Patterns
1.2Sui Generis Cases
1.2.1 The Inter-parliamentary Union
1.2.2 The International Criminal Police Organisation
1.2.3 The General Agreement on Tariffs and Trade
1.2.4 The Commonwealth
1.2.5 The Nordic Council
1.2.6 The Organisation for Security and Co-operation in Europe
1.2.7 The Black Sea Economic Co-operation
1.2.8 The European Union
1.3Finding Common Ground among International Organisations
2 io s as Subjects of International Law and Theoretical Approaches
2.1International Personality and Capacity
2.2Theoretical Approaches to International Personality
2.3The icj Opinion in Reparation of Injuries Suffered in the Service of the UN
3 Summary
4The Financial Action Task Force as an International Organisation
1 A New Perspective on the Legal Status of the fatf
2 Membership
3 Created under International Law
3.1The Constitutional Framework of the fatf
3.2The High-Level Principles and Objectives for fatf and fatf-Style Regional Bodies
4 An Organ of Its Own with a Distinct Will
4.1fatf’s Reports and Action Plans
4.2High-Level Missions or Letters to Governments
4.3Public Interventions and Statements
5 To Operate on the International Plane according to International Law
5.1Key Institutional Decisions and Actions
5.1.1 Core Institutional Change
5.1.2 The Relationship between the fatf and the fsrb s
5.1.3 The Global Network
5.1.4 The Brand and Reputation Issues
5.2Key Regulatory and Operational Actions and Their External Impact
5.2.1 The fatf Recommendations and Their Normative Dimension
5.2.2 Emergence of Customary International Law
5.2.3 Mutual Evaluation Process and Blacklisting
6 External Recognition by Other Subjects of International Law
6.1The fatf’s Legal Status and External Participation
6.2fatf’s Institutional Participation
6.3fatf’s External Impact in other io s and International Institutions
6.3.1 The Council of Europe
6.3.2 The European Union
6.3.3 The unsc and Other International Institutions
7 The Relevance of the Will of the Members
8 Summary
5Relevance and Challenges
1 Why Does the fatf Case Matter? Why Is It Relevant to International Institutional Law and International Public Law?
1.1The fatf as an Institutional Model
1.1.1 The Asia-Pacific Group on Money Laundering
1.1.2 Global Forum on Transparency and Exchange of Information for Tax Purposes
1.1.3 fatf Cyber-Style Security Body Proposal
1.2The fatf as a Model at Operational Level
1.3The fatf Regime as a Model for Other Regimes of Global Concern
2 Implications and Challenges as a Subject of International Law with Public Authority
2.1The fatf as a Subject of International Law and Public Authority
2.2fatf’s Exercise of Public Functions, Gaps and Improvement
2.2.1 The ‘Club-Member’ Character
2.2.2 Unbalanced Relationship with the fsrb s’ Jurisdictions and Risk of Detachment
2.2.3 Accountability, Sovereignty, Transparency
2.2.4 Unintended Consequences
3 Summary
6Conclusion
Bibliography
Index