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Gregor Urbas

Legal perspectives on cybercrime are drawn from international agreements such as the Council of Europe’s Convention on Cybercrime, domestic legislation and case law. Unauthorised access, modification and impairment of data and systems are criminalised as a means of protecting against attacks by ‘hackers’ and other interferences that undermine access, availability and the integrity of information and communications networks. Similarly, cybercrime laws extend to the creation and distribution of malicious software or ‘malware’, and the use of ‘botnets’ to commit other crimes. Cybercrime laws also incorporate the traditional offences of forgery and fraud, as well as newer offences relating to identity theft. Other crimes against the person that may be committed online include child pornography, child grooming, cyber stalking and harassment, and legislatures have responded to these crime types with new or updated offences. Finally, a range of procedural laws have been enacted to facilitate the investigation, prosecution and sentencing of cyber criminals.

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Amber Marks

The terms ‘trafficking’ and ‘personal consumption’ provide the conceptual framework for the international drug control regime but neither term is defined. Legal and policy reforms taking place at the national level in several jurisdictions now pose considerable challenges to the international legal framework for drug control and beg important questions regarding states parties’ international legal obligations. Through archival research on the proceedings of international and European bodies, comparative analysis of national laws and their enforcement, and an exploration of the theoretical literature on drug policy reform, this chapter explores the depths of ambiguity underlying the key concepts of ‘trafficking’ and ‘personal consumption’, the reasons for it and its implications. The author argues that the answer to vexed debates and political stalemates surrounding clarification of the legal parameters lies in human rights law.

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Grazia Maria Vagliasindi

The transnational dimension of environmental crime – a highly profitable criminal market – has gained increasing attention, to the extent that a notion of ‘transnational environmental crime’ (TEC) has flourished within the discourse on environmental crime and transnational crime. These developments need to be analysed in the light of the legal instruments – in environmental and criminal law – that have been developed over the decades to regulate and control polluting activities and to deter and punish environmental offences. Based on a disambiguation of the concept of environmental crime and on the identification of the main characteristics of this criminal phenomenon, this chapter assesses whether the international, regional and domestic legal frameworks relevant to environmental crime and their interplay give adequate consideration to the transnational dimension of environmental crime, as well as where significant loopholes can be identified and how they can be addressed.

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Janet Ulph

The global trade in stolen and smuggled heritage objects is facilitated by middlemen. This chapter focuses upon dealers and auction houses and argues that they should be held to a high standard of risk-based due diligence in order to disrupt this type of criminal activity. But due diligence is an imprecise phrase. It is suggested that the proposal in a European Directive to extend anti-money laundering regulations to all businesses in the art market should be welcomed because the regulations assist in clarifying what due diligence steps are needed. Yet it is also argued that the guidance in these regulations is not sufficient because due diligence procedures which are appropriate for financial institutions require some adjustment when applied to deterring trafficking in the art market. As each heritage object may be unique, a detailed examination of the object and its provenance should lie at the heart of any due diligence process.

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Geraldine Van Bueren QC

The international and regional legal framework created to combat trafficking is clearly in place. There are also legal definitions. It has moved from shameful beginnings to the detailed support for those who have been trafficked. Because of the breadth of the regional and international instruments and their recent date, it would be difficult to argue that such legislation is the product of ‘Western’ thought, and therefore it ought to be easier to harness the political will of all states to enforce legislation aimed at protecting some of the globe’s most vulnerable people.

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Yewa Holiday

This chapter examines the non-criminalisation clauses in the 1951 Refugee Convention and the Smuggling Protocol which are intended to protect refugees and smuggled migrants from prosecution for offences of irregular entry and stay. The chapter identifies and contrasts the nature of the protection in international law. It argues that the overlaps and differences between the concepts of ‘refugee’ and ‘smuggled migrant’, a lack of legal clarity in the non-criminalisation provisions and how they interact with each other, state concerns with security and borders at the expense of the human rights of migrants, and a lack of monitoring make it difficult for these groups to gain protection from prosecution. There is a need to consider whether refugees and smuggled migrants might benefit from the same non-criminalisation provision based on shared features of their experience and consequent vulnerability to exploitation.

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Maria Bergström

Within the European Union (EU), the administrative and criminal law frameworks in Member States stem from EU Directives, which in turn transpose and closely follow complementary activities carried out in international fora, in particular those of the Financial Action Task Force (FATF), the United Nations, and the Council of Europe, as well as banking organisations. This chapter argues that it is high time to evaluate the legal implications of the regulatory frameworks. Arguably, the most pressing legal question is not so much whether the EU has the power to regulate within this field, even when it comes to criminal law, nor whether it should, or whether such regulation is effective for its stated purposes, but rather what added value an EU criminal law directive based on Article 83(1) TFEU might have, as well as what might still be missing.

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Francesca Galli

EU governments have established a complex framework for cooperation against terrorism within the Area of Freedom Security and Justice. In particular, given the significant differences in national and legal frameworks for the prevention and repression of terrorist offences in several EU Member States, the adoption of instruments aiming at the approximation of substantive criminal law in this field was considered indispensable to establish a common response at the EU level and also to facilitate judicial and police cooperation as most cases have a cross-border dimension. There is now, however, an additional concern about terrorist foreign fighters and returnees, and the most recurrent refrain in any comment on terrorist attacks is that ‘Europe is still unprepared’. This contribution assesses whether and to what extent the existing counter-terrorism framework matches current needs in terms of risk prevention and management. It also considers whether a more holistic approach is both desirable and possible at the EU level, and what that would entail.

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Valsamis Mitsilegas

The chapter will provide a comprehensive typology of norm-making in transnational criminal law, by focusing on both the adoption of norms at the global level and on issues of implementation and compliance. The chapter will look in particular at how the making of global standards in transnational criminal law has shifted from traditional forms of international law-making – namely multilateral international treaties – to other forms of governance including regionalism, ‘soft’ or ‘informal’ law and ‘global administrative law’. The interaction and inter-relationship between these forms of governance in the development of a multi-level paradigm of global governance of transnational crime will be highlighted and the implications of this paradigm on justice and the rule of law will be explored. Questions on justice will focus on issues of inter-state justice, but also on the impact of transnational criminal law on domestic criminal justice systems. A number of parallel and innovative processes of internationalisation and globalisation will be highlighted in this context and their impact on law-making in a complex global arena will be explored.

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Ioannis Tsampoulatidis, Dimitrios Bechtsis and Ioannis Kompatsiaris

The smart city concept gives prominence to the use of ICT for enabling the digital transformation of established public services, processes and policies. This roadmap started from the e-Gov 1.0 initiative and spans to the e-Gov 3.0 phase with special focus on interconnected citizens, smart and interconnected devices, big data analytics and cloud computing. As the smart cities initiative flourishes there is an overwhelming need for robust, secure and flexible solutions that will pave the way to citizens’ participation and inclusion. The proposed Blockchain Framework will not only facilitate acceptance of new governance models from the official stakeholders, but it will also dynamically identify, create and propose new policies, regulations and initiatives according to social trends and the citizens’ maturity level. It takes into consideration social, environmental and economic aspects as well as established policies and good practices for proposing solutions to stakeholders.