In Rethinking Money Laundering & Financing of Terrorism in International Law: Towards a New Global Legal Order, Roberto Durrieu provides a broad and original analysis of the phenomenon of money laundering, through a thorough examination of the financing of terrorism. The necessity of excluding the financing of terrorism from the legal definition of money laundering is clearly illustrated through extensive, original and comparative research.
In addition, the book advocates the recognition of money laundering as an international crime strictu sensu that can be tried by a special international tribunal. The hidden, mutable, complex and global nature of the crime must be addressed multilaterally through a new, integrated and more effective global legal order which is consistent and compatible with civil guarantees and human rights principles.
Part I studies the main extra-legal and legal aspects of money laundering by analyzing the meaning, causes and effects of this phenomenon and their link with the financing of terrorism, with special attention to the interconnection between the so-called preventive/regulatory AML-CFT system and the punitive approach. Part II provides a global-comparative analysis to determine whether or not the adoption of money laundering offences is consistent with sound principles of criminal law and criminal procedure. Finally, Part III examines the jurisdictional problems with respect to extra-territorial and large-scale money laundering cases.
The book offers nuanced and thought-provoking answers to questions regarding the prohibition of money laundering, the financing of terrorism, and the relationship between them, the current state of associated International Law, the need for future action, and the human rights consequences of these crimes.
Roberto Durrieu is a Doctor of Philosophy in Law from Oxford University. His research is focused on international and national criminal law and he also teaches international human rights protection, tax crimes and business crimes. Dr. Durrieu has given papers at many international congresses and universities. He published three books and several academic papers in legal journals, especially on topics of corporate governance, economic criminal law and international cooperation in criminal matters. Among his honors, Dr. Durrieu received the Inter-American Bar Association Award ‘Best Book 2007’ and he was included on the ‘List of Counsel/Lawyers at the International Criminal Court’ (The Hague, 2010). He is a partner of the law firm ‘Estudio Durrieu Abogados’ (www.estudiodurrieu.com) and his professional work has been distinguished several times by ‘Chambers & Partners’, ‘Who is Who Legal’, ‘Latin Lawyers’ and ‘Best Lawyers’.
Table of Contents
List of Abbreviations
Table of Cases
Table of Legislation
The main extra-legal and legal aspects concerning money laundering and financing of terrorism
Chapter I: The main extra-legal factors.
Chapter II: Architecture of the international legal order against money laundering & financing of terrorism.
A rights-based analysis of money laundering offences: a global comparative perspective
Chapter III: Analysis of the social values protected by money laundering offences.
Chapter IV: The physical element or actus reus of money laundering.
Chapter V: The mental or subjective element of money laundering.
Chapter VI: Should the ML offence apply to the person who committed the predicate offence?
Jurisdictional problems over money laundering offences
Chapter VII: Establishing jurisdiction over money laundering.
Conclusions and Policy Implications