This paper analyses Vietnam's compliance with international anti-money laundering standards. It d... more This paper analyses Vietnam's compliance with international anti-money laundering standards. It describes Vietnam's risk factors for money laundering and contrasts its high risk with its low rate of money laundering prosecutions, a contrast which suggests problems in the anti-money laundering prosecutions regime. It commences with a description of the evolution of the Vietnamese anti-money laundering legislation situated within relevant features of the national legal system. It then moves to a case study approach, describing the three money-laundering offences that were successfully prosecuted and a series of moneylaundering cases that were not prosecuted. These reveal legislative inadequacies in relation to offences committed abroad or by corporations, and a lack of legal measures concerning unjust enrichment. In relation to criminal investigations, other difficulties occur, arising from significant gaps in the collection of financial intelligence concerning non-bank financial institutions and cash transactions, as well as the absence of specialised financial crime investigations units or of parallel financial investigations of predicate offences investigations. To address those problems, the paper makes five recommendations.
The benefits for Association of Southeast Asian Nations (ASEAN) members of a regional treaty to c... more The benefits for Association of Southeast Asian Nations (ASEAN) members of a regional treaty to combat terrorism include improved coordination in mutual legal assistance and harmonisation of best practice legal approaches. The conceptual framework for a common definition of terrorism is set out in this paper. Precedent regional and multilateral treaties are analysed into legal formulae and their components, such as obligations to indict or to extradite, to provide mutual legal assistance, and to build regional implementation capacity, are assessed as potential models for inclusion in an ASEAN regional treaty. The paper concludes by considering ASEAN progress in adopting cooperative mechanisms to combat terrorism thus far.
The ease with which severe harms can be deliberately inflicted upon the natural environment to co... more The ease with which severe harms can be deliberately inflicted upon the natural environment to coerce political behaviour pose real and current threats to both nature and to social stability. There is a serious lack of international law to criminalise environmental terrorism. This lacuna could be remedied in part by the formulation and adoption of a new treaty to define and criminalise acts of terror against the natural environment. The outline of such a treaty is described in this article.
National boundaries do not enclose all the world’s biological diversity; the high seas, the deep ... more National boundaries do not enclose all the world’s biological diversity; the high seas, the deep sea bed and Antarctica all contain natural resources, some of great interest or economic importance. Management of biodiversity in such areas can, by definition, only be achieved by means of international measures.
The uprising in Syria since 2011 has created opportunities for creative approaches to Kurdish sel... more The uprising in Syria since 2011 has created opportunities for creative approaches to Kurdish self-rule. The decision of Bashar al-Assad’s armed forces to withdraw from Kurdish cities in Northern Syria enabled Kurdish parties to take charge of local state institutions, declare self-rule, and to replace Syria’s flags with their own. The Democratic Union Party (Syria) announced a new constitution on 21 July 2013 that it called a “social contract”. On the basis of that constitution, Kurdish autonomous self-rule was formed comprising of three initial cantons. The principle of equality of all groups and the renunciation of the nation-state are revolutionary dimensions of the new constitution. In this paper, the new constitution’s creative dimensions are described and analyzed using a descriptive-analytic approach. The study aims to describe the articles of the constitution to analyze how minority Yazidis, Armenians, Arabs, Christians, Chechens, and Kurds might promote this model for the rest of Syria as a form of “democratic federalism”.
The Antarctic convergence (also referred to as the Antarctic polar front) is the natural boundary... more The Antarctic convergence (also referred to as the Antarctic polar front) is the natural boundary zone where Antarctic surface waters moving northward sink below sub-Antarctic waters. 1 International and national efforts to conserve and manage marine living resources south of the ...
This paper analyses Vietnam's compliance with international anti-money laundering standards. It d... more This paper analyses Vietnam's compliance with international anti-money laundering standards. It describes Vietnam's risk factors for money laundering and contrasts its high risk with its low rate of money laundering prosecutions, a contrast which suggests problems in the anti-money laundering prosecutions regime. It commences with a description of the evolution of the Vietnamese anti-money laundering legislation situated within relevant features of the national legal system. It then moves to a case study approach, describing the three money-laundering offences that were successfully prosecuted and a series of moneylaundering cases that were not prosecuted. These reveal legislative inadequacies in relation to offences committed abroad or by corporations, and a lack of legal measures concerning unjust enrichment. In relation to criminal investigations, other difficulties occur, arising from significant gaps in the collection of financial intelligence concerning non-bank financial institutions and cash transactions, as well as the absence of specialised financial crime investigations units or of parallel financial investigations of predicate offences investigations. To address those problems, the paper makes five recommendations.
The benefits for Association of Southeast Asian Nations (ASEAN) members of a regional treaty to c... more The benefits for Association of Southeast Asian Nations (ASEAN) members of a regional treaty to combat terrorism include improved coordination in mutual legal assistance and harmonisation of best practice legal approaches. The conceptual framework for a common definition of terrorism is set out in this paper. Precedent regional and multilateral treaties are analysed into legal formulae and their components, such as obligations to indict or to extradite, to provide mutual legal assistance, and to build regional implementation capacity, are assessed as potential models for inclusion in an ASEAN regional treaty. The paper concludes by considering ASEAN progress in adopting cooperative mechanisms to combat terrorism thus far.
The ease with which severe harms can be deliberately inflicted upon the natural environment to co... more The ease with which severe harms can be deliberately inflicted upon the natural environment to coerce political behaviour pose real and current threats to both nature and to social stability. There is a serious lack of international law to criminalise environmental terrorism. This lacuna could be remedied in part by the formulation and adoption of a new treaty to define and criminalise acts of terror against the natural environment. The outline of such a treaty is described in this article.
National boundaries do not enclose all the world’s biological diversity; the high seas, the deep ... more National boundaries do not enclose all the world’s biological diversity; the high seas, the deep sea bed and Antarctica all contain natural resources, some of great interest or economic importance. Management of biodiversity in such areas can, by definition, only be achieved by means of international measures.
The uprising in Syria since 2011 has created opportunities for creative approaches to Kurdish sel... more The uprising in Syria since 2011 has created opportunities for creative approaches to Kurdish self-rule. The decision of Bashar al-Assad’s armed forces to withdraw from Kurdish cities in Northern Syria enabled Kurdish parties to take charge of local state institutions, declare self-rule, and to replace Syria’s flags with their own. The Democratic Union Party (Syria) announced a new constitution on 21 July 2013 that it called a “social contract”. On the basis of that constitution, Kurdish autonomous self-rule was formed comprising of three initial cantons. The principle of equality of all groups and the renunciation of the nation-state are revolutionary dimensions of the new constitution. In this paper, the new constitution’s creative dimensions are described and analyzed using a descriptive-analytic approach. The study aims to describe the articles of the constitution to analyze how minority Yazidis, Armenians, Arabs, Christians, Chechens, and Kurds might promote this model for the rest of Syria as a form of “democratic federalism”.
The Antarctic convergence (also referred to as the Antarctic polar front) is the natural boundary... more The Antarctic convergence (also referred to as the Antarctic polar front) is the natural boundary zone where Antarctic surface waters moving northward sink below sub-Antarctic waters. 1 International and national efforts to conserve and manage marine living resources south of the ...
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Papers by Gregory L Rose