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International Law

Financial Action Task Force (FATF)

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FATF is an independent and inter-governmental organization, which was established in 1989 by G7 countries (UK, France, United States, Germany, Canada, Italy, and Japan) .It is formed by the governments for the governments. This organization develops and promote policies to protect the global financial system against money laundering and terrorist financing and the financing of proliferation of weapons of mass destruction. This organization have total 39 member countries and headquarter is in Paris, France(International Standard/FATF/Combating terrorism, 2012-2019)This organization observing all the countries of the world regarding money laundering, terrorist financing and proliferation of weapons of mass destruction according to its own standards and rules. Whenever a country found involved in one of these type of activities FATF takes very strong steps against that country. FATF have two types of lists, one is “Gray list” and another is “Blacklist”. Whenever a country pushed in one of these list so its economy suffer a lot. Now recently Pakistan is in the Gray list. According to Foreign of Pakistan, “Sha Muhammad Qureshi”, Pakistan losses annually $10 billion due to its existence in the Gray list. Now Iran and North Korea are in the Black list of FATF. In collaboration with other international stakeholders, the FATF also works to identify the national-level vulnerabilities with the aim of protecting the international finance system from misuse.

Background of the FATF

Related threats to the integrity of the international financial system FATF was established in 1989 by the ministers of its member jurisdiction. The only purpose was to keep and control money laundering, terrorist financing and financing for the weapons of mass destruction. In the early stages FATF was only for the black money-those money which was producing from drugs and other illegal activities then the 9/11 attacks changed its priorities and dimensions. FATF jurisdiction extended over other types of activities also, like Terrorist financing, money laundering and financing for weapon of mass destruction. The threat posed to the banking system, G-7 Heads of the states or government and European commission convened the Task Force from the G-7 member states, the European commission and eight other countries (FATF.org.history, 1989-2019).

Recommendation of FATF

In order to combat money laundering, terrorist financing and financing for weapons of mass destruction FATF have set up a comprehensive recommendations and consistent framework of measures which countries should implement. Every country have diverse legal, administrative and operational frameworks and different financial system and so cannot take all identical measures to counter these threats. The FATF Recommendations, therefore, set an international standards, which countries should implement through measures adapted to their particular circumstances. The FATF Recommendations set out the essential measures that countries should have in place to:

-Identify the risks, and develop policies and domestic coordination;

-Pursue the money laundering, terrorist financing and the financing of proliferation;

-Apply preventive measures for the financial sector and other designated sectors;

-Establish powers and responsibilities for the competent authorities ( e.g., investigative, law enforcement and supervisory authorities ) and other institutions measures;

-Enhance the transparency and availability of beneficial ownership information of legal persons and arrangements; and

-Facilitate international cooperation.

Pakistan on FATF Gray List

The international watchdog against money laundering and financing of terrorism, the “Financial Action Task Force” has put Pakistan on a list of “jurisdiction with strategic deficiencies”, also known as the gray-list. The Financial Action Task Force has decided in principle that Pakistan will remain on its gray list till next February and directed Islamabad to take ‘extra measures’ for complete elimination of terror financing and money laundering. The reason is according to “FATF” Pakistan have structural deficiencies in anti-money laundering (AML) and combating financing of terrorism. There are also countries in the FATF’s gray-list: Ethiopia, Serbia, Sir Lanka, Syria, Trinidad, and Tobago, Tunisia and Yemen. This is not the first time Pakistan has found itself on one of FATF’s list- the country was there in 2008 and from 2012 to 2015 and now again in 2018 (Khan, 2019).

It is “highly probable” that Pakistan will be formally black listed by global terror funding and money laundering watchdog FATF if it does not swiftly act against terror funding by February 2020. The Paris based FATF took the decision after its five day plenary, which concluded in the French capital.

“FATF” Implications on Pakistan

Financial Action Task Force (FATF) may put at risk the impending $6 billion IMF bailout- because this organization have very strong coordination with the economic institution like, IMF, World Bank etc. whenever a country don’t comply and don’t take cautious and precious steps regarding terrorist financing, money laundering and financing for weapons of mass destruction according to the FATF recommendations and FATF international standards so that country could involve in economic difficulties. The same case is with Pakistan, Iran, North Korea, Sri Lanka, Ethiopia, Serbia etc (Dhawan, jun 20, 2019).

Pakistan would get loans costlier, with higher interest and with strict conditions. Because “FATF” have very strong coordination with other Economic institutions, they tell them that this country is not safe for loans. May be your loans go in the wrong hands. Whenever a trust-deficit creates between the FATF and a country that’s creates a lot of economic problems to that country. This is the institution that give advises and recommendations to other economic institutions regarding a country economic situation and circumstances. This is very influential inter-governmental organization.

When a country come in “FATF” gray list that country couldn’t take loans easily, the rating and borrowing capacity goes down. The most important thing that investors don’t come to that country which happens in “FATF” gray list. Those countries if want international transactions it takes long time and scrutiny also increase and it does business loss. According to Foreign Minister of Pakistan “Sha Muhammad Qureshi” that due to the existence of Pakistan in gray list of “FATF” Pakistan annually loses $6 billion.

There is also another list with “FATF” that is called “Blacklist”, this very crucial and danger list. If Pakistan were pushed in the Blacklist so the $6 billion “IMF” bailout package would be cancelled and the government of Pakistan would more suffer from economic problems and will get corner on international level. With this inflation would increase, unemployment etc. The proposal was put by the United State of States of America, UK, and France against Pakistan. They claimed that Pakistan should put in the FATF blacklist but so far they didn’t succeed because of Turkey, and Malaysia support in the voting the request was rejected.

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International Law

The Third Way for De-Binarization of Foreign Policy Conduct

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As the present world order weakens, the mega confrontations have appeared more likely: On its post-Soviet revival quest, Russia becomes increasingly assertive in Euro-MED theatre and beyond. The Sino-American relations are increasingly adversarial, with escalating frictions over trade, advanced technology, human rights, and global strategic influence.

Currently, both sides – as president of the US Council of Foreign Relations Richard Haass states – ‘are developing scenarios for a possible war’. The two countries rhetoric has grown so hostile that its speed and severity is unprecedented for the post WWII period, rather belonging to the forgotten vocabulary of 1910s and 1930s.  (E.g. referring to PRC as ‘Country of Kung Flu’ or to the US as ‘trigger happy nation’; calling the C-19 ‘China virus’ or ‘US Army brought pathogen’; China’s Foreign Ministry Spokesman referring to the US leadership as ‘Elements deluded by the Capitol Hill metastasis’ while the US State Secretary calls the Chinese Communist Party ‘rogue actor’, and then in return Secretary Pompeo gets proclaimed as ‘the public enemy of mankind’ – just to name but few from the long list of heavy verbal fire exchanges between the two.)

Strategic decoupling between the biggest manufacturer of American goods – China, and its largest consumer – the US, seems inevitable.

It also appears increasingly irreversible, no matter if the change of leaders in Beijing or in Washington may or may not happen beyond 2020. This will of course trigger a global realignment and new fragilities to all default lines on land and seas, in skies, cyberspace and near outer space.

White House and House of Cards

Of course, many would reject the above as an overstatement and author’s alarmism. To this end, let us state some facts:

  1. Extensive exchange of goods is not deterrent. Trade is an instrument of power not a virtue per se, even though be it the RCEP or TPP. (The case of the UK and Germany in the eve of the WWI, and of Japan and the US in 1941, are the most known, in the series of such examples starting with the Peloponnese, Trojan and Punic wars, through the Napoleonic wars and Continental blockade all the way up to modern times, when nations were ‘sleepwalking’ strait into a major mutually devastating and lasting armed conflict.);
  2. Absence of (regional) nuclear parity deterrent. (Asia hosts by far the largest number of nuclear powers – 2 legitimate, 3 declared, 1 undeclared and at least 2 states with the credible delivery systems and N-ready ‘turn-key’ technology. None of them is even by its quantities, qualities, configurations and delivery capabilities – which makes the First strike doctrine tempting.)
  3. Diminishing international order due to a combination or either of the following:
    1. Successful challenger to the Status Quo power/s. Or when a Dismissive meets a Neuralgic one. (Such constellation makes both sides nervous: Challenger is eager to contend and change, and the Status Quo power tempts to strike sooner as it feels the time does not contribute to its strength – with a compromise as a biggest looser. The modern-day China is portrayed as once-upon-a-time Imperial Germany – an illiberal opaque power that misuses liberal system on its unchecked quest for a world domination. Collision course is fanned irrespectively from a fact that there are no overlapping territorial claims or even common borders, as well as despite an unprecedented interconnectivity and mutually brought prosperity. Confrontation is not only geo-economic but also ideological: Liberal world of freedom against illiberal order of coercion.);
    1. Weakening political support of the main guarantors to the existing International Regime, due to their contracting economics and/or demographics (Simply, Trump, Johnston, Bolsonaro, Modi, Kaczyński, Orbán are not causes to but the consequences of fading politico-economic system of the western type of democracy);
    1. Absence of the comprehensive regional system to temporarily uphold or replace the shrinking global one (while Europe is the most multilateralised region on our planet, Asia is the only world’s continent that has no single, even less the security related, pan-continental organisation).   

Although the new US President is in place, it would be foolish to expect any policy reversal. The new administration will see China the same way: Not as a dangerous (trade) rival, but as a foe.

Is this yet another author’s alarmism?

Biden presidency will be one of the weakest in the past 100 years. It is indeed a Pyrus victory: Trump got few million votes more now than in 2016 (i); Senate is controlled by Republicans (ii); angry Trump electorate is deeply convinced that the victory has been stolen from them, and will be further galvanising enlarging noising and tilting to the right for the following 4 years (iii); the blue-collar America firmly believes China steals their jobs – and none on the Democratic left even attempted to refute that (iv). Hence, Biden’s four years in office (if) will be marked by alienation from those electing him, and by pure agony of cohabitation with stifling Republicans. Administration will remain paralysed (if even willing) for any reversed yet fresh policy formulation.

Finally, history of the US bipartisanism teaches us that traditionally Democrats were opening wars while Republicans were those closing them. Overstatement? Mind, also that for nearly past 150 years, Trump presidency was the only 4-year period Americans did not start a single war. Many now believe, it is a high time to recuperate and compensate. 

Ergo, a change in the White House – paradoxically enough – will not slow down the ongoing strategic decoupling and to it compulsory global re-alignment. On contrary, it will only accelerate its speed and severity. 

To be sure; only a measurable success in the US-led de-Chinasation of the West will determine how far (and how long) will take the ongoing de-globalization, and if the second phase will be a reversibility, a re-globalization of the world. There is no other way to convert growing nationalistic passions into internationalist drives.

History of Future – Inevitability …

It was expected that by the end of 2020s, Asian economies will be larger than the rest of world’s economies combined. Africa-Middle East were to come up next. Of course, that was only a prediction made before C-19 and the sudden Sino-American rift. Or this was the origin of that rift? – It is still to be seen.

Past the demise of global communism, many in Asia, Africa and Middle East enjoyed for decades, the best of both worlds: Cheep products from China and the military protection – or at least an implicit security guaranty – from the US, nearly for free.[1]This especially goes for the southeast Asia (formerly representing the major Asian default line), large sways of south Afro-Asia and of the Far East.

The imposed re-alignment will hit them particularly hard – from a prosperous meeting point of goods, cultures and ideas into the politico-military default lines. This painful readjustment may last for decades to come. Opting for either side will not only impact economy trade and security but will also determine a health of population and societal model, too. Unprepared and unwilling for either-or – particularly Asia – missed to build, what I called for over a decade; a comprehensive cross-continental security setting (the pan-Asian OSCE).

The inland giga-demography, inward looking culture, obedient imitator, humble manufacturer en mas – overnight presses globally and over the sea lanes: From diligent labourer to the omnipresent global power. In the grand rapprochement of 1970s, the coastal areas of China have been identified by the West as its own industrial suburbia. And now, that ‘industrial zone’ has a coherent planetary plan.

Was the Deng’s China joining the system to preserve it, or to tacitly hijack it from within? The shockwaves swept all in the West. The US – after its initial hangover – undergoes a painful adjustment: There is a growing consensus among all stakeholders in Washington that the strategic engagement is a failed policy with Beijing – something that obviously did not preserve the US interests, even less its supremacy. Chine is not a dangerous (trade) rival, it is a foe.

This will now seek for the binary acclamation all over the rest of our world. Time of ‘either-with-us-or-against-us’ returns, while the Middle East – North Africa (MENA) and Afro-Asia have no their third way readily prepared to offer (for at home and abroad) but only alignment behind one or the other – reminiscence of the pre WWI Europe with the two rigid (and soon conflagrating) blocks.

Beyond the Sino-world, the rest of Asia, Africa and Middle East (ME) are also dominated by megademographies, brewing social mobilisations, expectations and migrations, inward looking regressive political culture (often lacking the world-view perspectives and contributions), insecure Asian nuclear powers, and history of rather hierarchical international conduct and architecture, than of a multivectoral vibrant active foreign policy (a bandwagoning instead of multilateralism).  

All this necessitates to revisit the fundamentals of the African Union (AU), Organisation of Islamic Cooperation (OIC), League of Arab States (LAS) and other similar mechanisms: But it even more invites to rethink and reinvigorate the best of the Non-Aligned Movement (NAM) which saved the world from the past irresponsibilities and frictions of the two confronted blocks that contested each other all over the globe for decades.

Case of the EU – AU’s(or ASEAN’s) twin sister – is an indicative: At present, the EU is destructive in MENA, dismissive with Russia, neuralgic on Turkey and post-Yugoslav space, obedient to China and submissive to the US. None of it serves interests of Europe on a long run.

However, realities are plain to see: the ME seeks for consolidation, Russia for cooperation, China for domination and the US for isolation. Judging the (in-)action of the current Commission, seems the EU does not grasp it well. Therefore, losses its appeal, and tomorrow it may its substance as well, with overall BRAINXIT. Desirably, the AU (or ASEAN) should learn from the Twin’s, not from its own, mistakes:

The Indo-Pacific, ‘The Quad’, initiative (from Horn of Africa to East Pacific coast) is not a viable policy response for the age of global realignment. It is rather a panicking tactics of imperial retreat (seen in the past with the ‘Coalitions of the Willing’). Why to side it up in lieu of the long-term principles shouldering the skilfully calibrated strategic and emancipatory orientation?

MENA and Afro-Asia should not exhaust its entire foreign policy intellectualism on that. A host of historic south-south summit of 1956 (RI), champion of true multilateralism, along with numerous founding members of NAM should not peripheries themselves by becoming a default, Maginot Line but should lead a reinvigorated Third way.

Between confrontation and bandwagoning, it is time for a true multilateralism (active and peaceful coexistence postulated by the NAM). The Movement gave for so many and for so long a security shelter, voice above weight, sense of civilisational purpose, and a promising future of attainable prospect on the planetary quest for a self-realisation of mankind.

Confrontation is what you get, and cooperation is what you are fighting for.


[1]To this day, the US has concluded the security guaranty accord with some 70 countries on all continents of the world.

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International Law

The Relevance of International Relations Theory in Community Policing

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Community policing in general refers to adopting such measures by law enforcement agencies specifically police where closer ties between the community and the police tends to prevent crime rather than police responding to the incidents of crime once it has taken place. Community policing as a concept implies its meaning in the realm of ‘’public good’’. This concept of public good in itself is shadowed by another broad concept of ‘’order’’. These two concepts go hand in hand so that so peace is achieved as an end. Both ‘’public good’’ and ‘’order’’ lies at the center of community policing. 

As identified above, one of the central tenants of community policing which is ‘’Order’’ or ‘’Structure’’ is a concept embedded in the theoretical approach of ‘’Neo-Realism’’ as well. The relevance of this approach of Neo-Realism in the study of community policing is validated by the fact that Police as an institution functions with obligations to its institutional structure. Therefore, the role of police is molded by its presumed authority. It is here where the point of convergence is established between the idea of community policing and neo-realism. Neo-realism which is also called structural realism contends that it is the architecture of the international system that determines state behavior. So that so, in whatever manner the structure of the international system is designed, state’s actions will be in accordance to that structure.

The approach adopted in this paper is to debate the concept of community policing from two different lenses. One such approach as mentioned above is Neo-realism and another one can be Realism as a general theoretical perspective. These two approaches are debated in such a manner that it complements the study of community policing. The reason to incorporate these two concepts is to evaluate community policing from a specific to a general lens. In a theoretical frame of reference this means that it to debate this concept from the level of analysis perspective of international relations.

In the general frame of ideas, the fundamental aim on which community policing is predicated is ‘’prevention of crime’’. The outlook of the practices taken upon by the police personnel are all in alignment of this aim which may include building better relations with the community and developing trust between and among all the stakeholders. It is in this sense that the theoretical framework of international relations theories is worth exploring in accordance with the concept of community policing. In any inquiry of social sciences, the basic purpose of incorporating theory is because theory is what explains the practice and helps to build a better understanding of the social circumstances which affects the lives of people. 

Community policing as a concept when deconstructed consists of two major ideas. At the core of it exists the idea of ‘’public good’’ and another one is the idea of ‘’order’’. Public good remains the end goal, whereas the idea of ‘’order’’ is the function of its structure. It is therefore necessary to understand the function of this concept in order to draw justifiable conclusions.

Neo-Realist Perspective on Community Policing

The neo-realist perspective of international relations builds upon the premise that the structure of the international order is the primary determinant of state’s actions. That is to say that if the dilemma of threat exists between two states, and one state is compelled to act in accordance to that to take up measures which ensures its survival then this is due to the prevalent structure or environment of the international order. In this case, state’s actions in a way becomes subservient to the structure. On the other hand, in a community of people, where police personnel are as credible actors as a state is in the international system, his/her actions also are subservient to the prevalent structure of the institution of police as whole. The liberty to exercise power is informed by the institutional obligations which exists upon the personnel. Therefore, the principle of ‘’order’’ which can also be referred to as ‘’structure’’ can determine the extent of prevention of crime rate in a certain community. The structure then has direct effects on behavior of the police personnel.

Realist Perspective on Community Policing

Before dwelling into the explanation of the realist perspective and into relevance to community policing, it is essential to point out why this is being discussed after neo-realism, since realism as a theory of international relations is a broader and a more conventional concept than neo-realism. The primary reason for this is because the argument of community policing is drawn from the behavior of ‘’individual’’ which functions under an institution, therefore the approach undertaken is from specific to general. In that regard, it was essential to debate the structure of the institution which affects the behavior of the personnel first and subsequently debating the role of the broader perspective of realism.

Realism is a theory which is predicated upon the idea that the primary source of conflict in international system is prevalent because states in general seek to maximize their power. The power struggle undertaken by states then translates into security dilemma and balance of power between states. So as to ensure a position of relative advantage against each other. Applying this theory to the concept of community policing, it manifests itself in a manner where the community police is presumed as one actor and the people of the community is considered to be another actor. Both these actors, function with relative powers to each other. Where the police functions with more explicit power of ‘’force’’, the people of the community function with the mobilizing power of ‘’rights’’ and ‘’democracy’’ which is more explicitly referred to as the power of ‘’vote’’.  Here the dimension of power maximization applies to both the actors in terms of conflict of interest. As it happens in the international arena, as a bargaining failure of diplomacy leads to states confronting each other by other means, similarly in a community, where both the law enforcing agencies and the people of the community diverge over a conflict of interest, such as wrongfully accusing an individual of a crime which builds a negative perception of the police in the minds of the general public leads to resentment. This, then translates into people being mobilized against the law enforcing agencies. In response to which, the police would further build its capacity to confront the rebels since they usually are in larger numbers. The concept of dilemma then in this realm does exist as enshrined in the philosophy of realism as well. Here dilemma exists where both parties, the law enforcement agencies and the people of the community understand that their relationship is regulated by the nexus of the amount of force that police can use against the people and the authority that is given to them implicitly by the people by putting their trust in the governance system. Therefore, community policing as a concept is predicated to evade the dilemma of mutual conflict and as it happens with the business of one state with the other, where they pursue diplomacy to reach any mutual point of interest; Similar is the case with community policing which aims to establish peace and harmony through public diplomatic channels.

Both these theoretical perspectives then provide insights into how they can actually be debated upon in the study of community policing. It informs the function community policing as well as analyzes its main contours.

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International Law

A leader of the third world has to lead a movement for reformation of the International law

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It is by no means a hyper reality that China has accelerated its geo political influence around the world this year despite the criticism of the West on China’s negligence in concealing the COVID 19 at outset. China being one of the permanent members of security council has widely contributed to the UN system. In this single modern global market, the People’s Republic of China has arguably become the manufacturing hub of the world in producing a large number of goods than any other western country, besides that it has also become the world’s second largest importer of goods.  Today the realm of bargaining power in the positivistic international law is completely based in the idea of power politics and the US stands as its cradle beyond a doubt. I would mention America as leader of the first world and China as leader of the third world. As the leader of the western world, the United States relentlessly works for its political, economic and legal dominance, which it has been enjoyed for plenty of years. The third world, which is considered to be the group of states known for its extreme poverty, civil wars, unrest and unemployment, has realized that poverty would become an inevitable obstacle in the process of its development. Mohammed Bedjaoui , who had served as a judge on the International Court of Justice, clearly claimed in his great astonishing work “ Towards a New International Economic Order” that “ It is western exploitation that leads to the poverty of the third world. “The third world pays for the rest and leisure of the inhabitants of the developed world,” and that “Europe created, and the United States has appreciably aggravated, most of the problems which face the third world”.

International law governing the rights and duties of states is perpetually and predominantly being dominated by the first world and its embodiment that is the United States. In this research article, I am going to discuss two essential things which are: what China has to do to reform the west constructed International law and as well as why China should lead a movement of the third world for its reformation?

For knowing these queries, we have to note the origins of International law down and how it works in today’s world?

If we have a look at the brief history of International law, International law has its roots in diverse European civilizations. To say in simple terms, International law is Eurocentric. Natural law which is also considered as a part of International law was developed by ancient Christian thinkers whose ideas were rooted in the Greco Roman ideas on rights and justice, in the due course of time those ideas were imbued with the Catholic theological virtues. However, it was such a sense of sheer irony that ideas such as natural law venerated by the Catholic thinkers were later used to legitimize the colonial expansion in the 16th century. For instance Francesco Vittoria who has been regarded as one of pioneers of modern international law used the very concept of natural law as Spanish justification of its rights over Indian territories in America. Let us turn towards modern International law. Modern International law primarily developed based on two concepts that are the concept of State practice and International treaties.

On the one hand, most of the global scholars perceive the United Nations charter as a founding International treaty of International law that contains rights and duties of states. On the other hand, the third world scholars perceive the United Nations as a founding organization of colonial imperialistic powers. There is a general perception among third world International law scholars that the Security Council of the United Nations is completely dominated and run by the colonial turned imperial powers. Four members out of the five in the Security Council were purely colonial countries who had ruled and economically exploited the world for centuries. The Security Council has also arguably been Eurocentric which is consisted of more western states embodying their own interests. Security Council is the principal organ of the United Nations, which mostly enjoys veto power. Permanent members may use the veto to defend their national interests. Over the years, in history of the Security Council, the United States has used the veto power more than other permanent member for defending west interests including Israeli interests. Most importantly, the third world has no effective role to play and to defend its interests in this globalised world. The colonial super powers met in San Francisco, to establish a predecessor to the League of Nations, have not granted independence to a number of African and Asian countries. Most of the third world countries became independent after establishing the United Nations.

Finally, we reached to the end. I would conclude this article by answering questions that I have put above. The structure of the United Nations is based on the charter of the United Nations, which is considered as a founding document of modern International law.  In this way, the United Nations charter grants more absolute powers to the Security Council where third world countries do not have participation. The leader of the third world China must wage a movement for developing countries to reform the Security Council. China has to collaborate with a group of developing countries for removing global financial power that lies with the Bretton Woods Institutions. Obviously, most of the power lies with the Bretton Woods Institutions, where western nations exercise the power on the rest of the world. So far, third world was exploited. So, the rest of the world outside the west has to demand for new international economic order, which would work for developing states.

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