Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-r5fsc Total loading time: 0 Render date: 2024-11-26T03:12:55.434Z Has data issue: false hasContentIssue false

Chapter Two - Why Do Transnational Legal Orders Persist?

The Curious Case of Money-Laundering Controls

from Part II - Transnational Legal Ordering and Transnational Crimes

Published online by Cambridge University Press:  05 June 2020

Gregory Shaffer
Affiliation:
University of California, Irvine
Ely Aaronson
Affiliation:
University of Haifa, Israel
Get access

Summary

There are vexing puzzles about one of the most comprehensive, far-reaching, most deeply penetrating and punitive of TLOs: anti-money laundering (AML). Despite its seemingly successful institutionalization, the AML TLO exhibits many deficiencies and imposes extensive costs on the private and public sectors, and harms upon the public. Given these failings, what explains its persistence? Could it also be the case that the pervasiveness and penetration of the AML TLO indicates it may constitute a particular species of “disciplinary” TLOs? Drawing on an intensive study at a moment when the TLO’s governing norms and methodologies of implementation were undergoing revision and expansion, as well as on observation and participation in AML/CFT activities over three decades, the chapter brings rich empirical evidence to address these questions: first, by briefly sketching the thirty-year development and workings of the AML TLO; second, by considering its benefits, costs, deficiencies and harms; third, by appraising explanations for its persistence, including the fact that it (1) works in some degree, (2) harms are felt most by weak domestic actors, (3) costs are largely hidden from the public, (4) the TLO has surface plausibility, (5) it is difficult to critique a TLO that purports to control terrorism, and (5) it is sustained by geopolitics; and, fourth, by arguing that the AML TLO may be distinctive insofar as it is a disciplinary TLO. Those singular properties may in fact be shared substantially by other TLOs directed at crime. The site of criminal justice thereby encourages a more differentiated understanding of TLOs in 21st century settings.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Amicelle, Anthony, and Iafolla, Vanessa. 2018. “Suspicion-in-the-Making: Surveillance and Denunciation in Financial Policing.British Journal of Criminology 58: 845863.Google Scholar
Artingstall, David, Dove, Nick, Howell, John, and Levi, Michael. 2016. Drivers and Impacts of Derisking. London: Financial Conduct Authority. www.fca.org.uk/your-fca/documents/research/drivers-impacts-of-derisking.Google Scholar
Block-Lieb, Susan. 2019. “Soft and Hard Strategies: The Role of Business in the Crafting of International Commercial Law.” Michigan Journal of International Law 40: 433477.Google Scholar
The Clearing House. 2017. A New Paradigm: Redesigning the U.S. AML/CFT Framework to Protect National Security and Aid Law Enforcement. www.theclearinghouse.org/~/media/TCH/Documents/TCH%20WEEKLY/2017/20170216_TCH_Report_AML_CFT_Framework_Redesign.pdf.Google Scholar
Davis, Kevin E., Fisher, Angelina, Kingsbury, Benedict, and Merry, Sally Engle, eds. 2012. Indicators as a Technology of Global Governance. New York: Oxford University Press.Google Scholar
Erbenova, Michaela, Liu, Yan, Kyriakos-Saad, Nadim, Mejia, Aledjandro Lopez, Gasha, Jose Giancarlo, Mathias, Emmanuel, Norat, Mohamed, Fernando, Francisco, and Almeida, Yasmin. 2016. The Withdrawal of Correspondent Banking Relationships: A Case for Policy Action. Washington, DC: International Monetary Fund.Google Scholar
Financial Stability Board. 2018. Stocktake of Remittance Service Providers’ Access to Banking Services. Basel: Financial Stability Board.Google Scholar
Genschel, Philipp, and Rixen, Thomas. 2015. Settling and Unsettling the Transnational Legal Order of International Taxation. Pp. 154186 in Transnational Legal Orders, edited by Halliday, Terence C. and Shaffer, Gregory. New York: Cambridge University Press.Google Scholar
Halliday, Terence C. 2018. “Plausible Folk Theories: Throwing Veils of Plausibility over Zones of Ignorance in Global Governance.British Journal of Sociology 69(4): 936961.Google Scholar
Halliday, Terence C., Levi, Michael, and Reuter, Peter. 2014. Global Surveillance of Dirty Money: Assessing Assessments of Regimes to Control Money Laundering and Combat the Financing of Terrorism. Chicago: Center on Law and Globalization, American Bar Foundation, and University of Illinois College of Law. www.americanbarfoundation.org/uploads/cms/documents/report_global_surveillance_of_dirty_money_1.30.2014.pdf.Google Scholar
Halliday, Terence C., and Shaffer, Gregory. 2015a. “Researching Transnational Legal Orders.” Pp. 473528 in Transnational Legal Orders, edited by Halliday, Terence C. and Shaffer, Gregory. New York: Cambridge University Press.Google Scholar
Halliday, Terence C., and Shaffer, Gregory. 2015b. “Transnational Legal Orders.” Pp. 172 in Transnational Legal Orders, edited by Halliday, Terence C. and Shaffer, Gregory. New York: Cambridge University Press.Google Scholar
Levi, Michael. 1991. “Pecunia non olet: Cleansing the Money Launderers from the Temple.Crime, Law and Social Change 16: 217302.Google Scholar
Levi, Michael. 1997. “Evaluating ‘The New Policing’: Attacking the Money Trail of Organised Crime.Australia New Zealand Journal of Criminology 30: 125.CrossRefGoogle Scholar
Levi, Michael. 2006. “Pecunia non olet? The Control of Money-Laundering Revisited.” Pp. 161182 in The Organised Crime Community, edited by Bovenkerk, F. and Levi, Michael. New York: Springer.Google Scholar
Levi, Michael. 2010. “Combating the Financing of Terrorism: A History and Assessment of the Control of ‘Threat Finance.’” British Journal of Criminology 50(4): 650669.CrossRefGoogle Scholar
Levi, Michael, and Reuter, Peter. 2006. “Money Laundering.Crime and Justice 34: 289375.Google Scholar
Levi, Michael, Reuter, Peter, and Halliday, Terence. 2018. “Can the AML System Be Evaluated without Better Data?Crime, Law and Social Change 69: 307–328.Google Scholar
Lexis-Nexis. 2017a. Future Financial Crime Risks 2017.Google Scholar
Lexis-Nexis. 2017b. True Cost of AML Compliance – Europe.Google Scholar
Lexis-Nexis.2018a. The True Cost of Anti-Money Laundering Compliance: A LexisNexis Risk Solutions Report Study on Financial institutions across Six Markets in Asia. www.lexisnexis.com/risk/intl/en/resources/research/true-cost-of-aml-compliance-apac-survey-report.pdf.Google Scholar
Lexis-Nexis. 2018b. The True Cost of Anti-Money Laundering Compliance in the United States.Google Scholar
Nance, Mark T. 2018. “The Regime That FATF Built: An Introduction to the Financial Action Task Force.Crime, Law and Social Change 69(2): 109–129.Google Scholar
Organization for Economic Co-operation and Development. 2013. Measuring OECD Responses to Illicit Financial Flows from Developing Countries. Paris: OECD.Google Scholar
Reuter, Peter. 2013. “Are Estimates of Money Laundering Volume Either Feasible or Useful?” Pp. 224231 in Research Handbook on Money Laundering, edited by Unger, Brigitte. Cheltenham: Edward Elgar.Google Scholar
Reuter, Peter, and Truman, Edwin M.. 2004. Chasing Dirty Money: The Fight against Money Laundering. Washington, DC: Institute for International Economics.Google Scholar
Shaffer, Gregory, Ginsburg, Tom, and Halliday, Terence C., eds. 2019. Constitution-Making and Transnational Legal Orders. New York: Cambridge University Press.Google Scholar
Sharman, Jason C. 2011. The Money Laundry: Regulating Criminal Finance in the Global Economy. Ithaca and London: Cornell University Press.Google Scholar
Sharman, Jason C. 2017. The Despot’s Guide to Wealth Management: On the International Campaign against Grand Corruption. Ithaca: Cornell University Press.Google Scholar
Valverde, Mariana. 2016. Michel Foucault. New York: Routledge.Google Scholar
Van Duyne, Petrus, Harvey, Jackie H., and Gelemerova, Liliya Y.. 2019. The Critical Handbook of Money Laundering: Policy, Analysis and Myths. London: Palgrave Macmillan.Google Scholar
Van der Does de Willebois, E., Halter, E. M., Harrison, R. A., Park, J. W., and Sharman, J. C.. 2011. The Puppet Masters: How the Corrupt Use Legal Structures to Hide Stolen Assets and What to Do about It. Washington, DC: The World Bank.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×