By Jackson Oldfield   

Corruption is widespread in Nigeria, where patronage networks and foreign actors play a significant role. Drivers of corruption include neo-patrimonialism and the “resource curse” – referring to the country’s abundance of natural resources. Bribery and other forms of corruption occur in many sectors, including public administration, the judiciary, the electricity sector, and extractive industries. Although several new anti-corruption laws have recently been introduced, weaknesses in relevant institutions have undermined their effectiveness. Despite these challenges, anti-corruption actors, such as civil society organisations, continue addressing corruption as a priority and have had notable achievements, particularly in the area of asset recovery.

 Bergen: U4 Anti-Corruption Resource Centre, Chr. Michelsen Institute (U4 Helpdesk Answer 2023). 25p.

By Mathias Bak

Yemen's ongoing conflict has transformed into an economic battle, with various factions fighting over crucial resources, such as aid flows and control over state resources. The war economy has intensified existing corruption challenges and created avenues for illicit wealth accumulation for new power brokers and previously less powerful networks. However, this takeover of the state has not fundamentally changed the nature of the systematic corruption that has plagued Yemen long before 2014.

Bergen: U4 Anti-Corruption Resource Centre, Chr. Michelsen Institute (U4 Helpdesk Answer 2024:1)

By Vaclav Prusa   

In 2023, President Mnangagwa secured a second term amid allegations of election irregularities and corruption in Zimbabwe. Despite anti-corruption efforts, challenges include political interference and resource constraints, hindering transparency. Though there have been efforts to address corruption in the natural resources sector, progress in prosecuting politically exposed persons and recovering stolen assets has been uneven. Likewise, hopes for reform since Mnangagwa's 2017 presidency have been tempered by enduring corruption, economic challenges, and human rights abuses. And illicit financial flows, notably linked to corruption in mining, timber, and wildlife, pose a significant international threat as they have drained billions of dollars from the country. Though civil society and independent media play crucial roles in exposing corruption, initiatives such as The Patriot Act, introduced in 2023, raises concerns about suppressing dissent and investigative journalism.

Chr. Michelsen Institute (CMI) in Bergen, Norway ; Berlin: Transparency international, 2023. 26p.

By Caitlin Maslen   

Green energy (and/or renewable energy) requires large areas of land to operate, often more so than energy generated from fossil fuels. The acquisition of land comes with accompanying corruption risks which can lead to challenges such as land grabbing and illegal displacement of communities. To help mitigate corruption risks and their consequences, strong regulatory oversight and rigorous licensing requirements are needed, as well as transparency and community-based approaches to ownership of green energy projects.

Chr. Michelsen Institute (CMI) in Bergen, Norway ; Berlin: Transparency international, 2023. 21p.

By Mark Goodchild , Jeremias Paul, Roberto Iglesias, Annerie Bouw, Anne-Marie Perucic

Background The Protocol to Eliminate Illicit Trade in Tobacco Products (the Protocol) entered into force in September 2018, and commits Parties to implement a package of measures to combat this global problem. The aim of this study is to assess the potential impact of eliminating illicit cigarettes on consumption, use and tax revenues. Methods We identified 36 countries where an independent (non-industry sponsored) study of the illicit cigarette market was available. We developed a conceptual framework for describing how the elimination of illicit cigarettes might impact on demand (consumption and use) and applied this framework to our sample of countries to assess the impact of eliminating illicit cigarettes across different settings. Findings Illicit cigarettes account on average for 11.2% of the market in these 36 countries. The elimination of illicit cigarettes would reduce total cigarette consumption by 1.9% across these countries. The decrease in ’group A’ countries—where illicit cigarettes are >15% of the market—would average 4.1%. The smoking rate would decrease by 1.0% in relative terms including by 2.2% in group A countries. Tax revenues from the legal sale of cigarettes would increase by 11.2% including by 25.1% in group A countries. Conclusions The illicit cigarette market reflects a complex interplay between supply and demand, with an array of different country conditions. Regardless of the situation, our study highlights the contribution that the elimination of illicit trade can make to tobacco control through demand reduction while at the same time generating significant tax revenues. 

Switzerland: World Health Organization, 2020, 8p.

By OECD/  EUIPO

Illicit trade in fake goods is a significant and growing threat in a globalised and innovation-driven economy, undermining good governance, the rule of law and citizens’ trust in government. It not only has a negative impact on the sales and profits of affected firms and on the economy in general, but also poses major health and safety threats to consumers. To provide policy makers with solid empirical evidence about this threat, the OECD and the EU Intellectual Property Office (EUIPO) joined forces to carry out a series of analytical studies that deepen our understanding of the scale and magnitude of the problem. The results have been published in a set of reports starting with Trade in Counterfeit and Pirated Goods: Mapping the Economic Impact (2016), and including the most recent ones Trends in Trade in Counterfeit and Pirated Goods (2019), and Illicit Trade in Counterfeit Pharmaceuticals (2020). The results are worrying. Trade in counterfeit and pirated goods amounted to up to 3.3 % of world trade in 2016; when considering only imports into the EU, fake goods amounted to up to 6.8 % of imports. Counterfeiters operate swiftly in the globalised economy, misusing modern logistical solutions and legitimate trade facilitation mechanisms and thrive in economies lacking good governance standards. Evidence shows that, while criminals continue to use all available modes of transport for illicit trade, seizures from commercial maritime container shipping continue to dominate in terms of volume and value of goods seized. The COVID-19 pandemic has intensified the problem: criminal networks have reacted very quickly to the crisis and adapted their strategies to take advantage of the shifting landscape. This study provides a detailed analysis of economy- and industry-specific patterns in the misuse of containerised maritime transport by counterfeiters. Such information is crucially needed, not only for better understanding this threat, but also for developing effective governance responses to support post-COVID recovery. This study was carried out under the auspices of the OECD’s Task Force on Countering Illicit Trade, which focuses on evidence-based research and advanced analytics to assist policy makers in mapping and understanding the vulnerabilities exploited and created by illicit trade  

Paris: OECD, 2021. 81p.

by Stephanie Brewer and Ana Lucia Verduzco

Mexico’s federal government is increasingly militarizing civilian tasks within and outside the realm of public security. Previous presidents presented militarization as a temporary measure that would allow time to strengthen civilian institutions—though in practice, military deployment became the permanent model, largely at the expense of prioritizing other security and justice strategies and institutions. The current government, however, promotes a broad militarization of civilian tasks in the long term, including through the militarization of the National Guard. The power and roles of the armed forces are growing without effective civilian controls over their actions. While the levels of serious human rights violations attributed to the military have fallen following the end of former president Felipe Calderón’s term, such violations continue to occur. More broadly, Mexico continues to experience historic levels of violence, and the vast majority of crimes go unpunished. Without minimizing positive reforms and steps forward, access to justice remains a fundamental challenge. In this context, it is crucial to improve criminal investigations and strengthen the capacities and accountability of the country’s police institutions. The military’s growing list of civilian tasks is a trend that will not be easily reversed, but demilitarizing public security and consolidating civilian institutions is the necessary route to strengthen the rule of law. In the meantime, the government must install effective civilian controls over the armed forces.

Mexico: WOLA- Adovcacy for Human Rights in Mexico, 2023, 61p.

By  Felipe Botero Escobar

For years, Ecuador enjoyed a relative degree of peace, as its neighbors, Colombia and Peru, were wrangling with internal conflicts as chief protagonists in the international supply of cocaine. However, things have changed dramatically in recent times. On 9 January 2024, the recently elected president, Daniel Noboa, said that the country was in a state of ‘internal armed conflict’ against 22 criminal groups that he described as ‘narco-terrorists’.

One of the most visible incidents of Ecuador’s growing problem with violence occurred in August 2023 when presidential candidate Fernando Villavicencio was assassinated at a campaign rally in Quito just weeks before the elections. Since Villavicencio’s murder, several incidents have occurred, including the arrest of the Colombian hitmen involved in his death and their subsequent murders in a prison, which has deprived the authorities of crucial evidence in the investigation.6 The year 2023 ended as the most violent recorded in the history of Ecuador.

The situation in Ecuador is complex, and more research into the political-economic factors behind how this once stable country descended into violent, crime-driven chaos needs to be undertaken if we are to fully comprehend the situation. Nevertheless, there are some key features of Ecuador’s criminal landscape that we do understand, and which can at least partly explain how the country has arrived at this critical juncture.

The existence of at least three intertwined criminal markets, the presence of transnational organized crime groups as well as local criminal networks, and the country’s poor resilience capacity to respond to and mitigate the effects of organized crime are all pivotal to understanding the complex criminal ecosystem that has emerged in force in recent years. In the last edition of the Global Organized Crime Index, published in September 2023, scores for Ecuador’s criminal markets and criminal actors are revealed.

This analysis provides but an initial understanding of the background. A more comprehensive assessment of how intersecting criminal markets, like arms trafficking and extortion, operate in the country will be essential in formulating sustainable, practicable responses to the crisis.

By Roger Bate

With the stated aim of increasing revenue and discouraging smoking, Pakistan raised tobacco duties over the past five years. The result empowered illicit actors, with a flourishing of illicit production and smuggling of cigarettes. Revenue rose initially, only to fall back as untaxed products proliferated. While organized crime and local production interests were the big winners, smoking rates have remained largely unchanged. Pakistan’s authorities have tried to resolve the problem through better enforcement and lowering of duties for certain products, but overall the lesson learned is that rapid duty increases have significant negative effects that are difficult to reverse when illegal supply cannot be controlled.

Washington, DC: American Enterprise Institute, 2018. 10p.

By Anine Kriegler

Cannabis legalization has the potential to weaken organized crime, but it can just as easily strengthen it unless a balance is found between restriction and liberalization, coordinated across both the supply and demand sides of the market. South Africa’s current cannabis policy lacks coherence, with reforms driven more by legal challenges than by strategic policymaking, posing challenges in effectively countering organized crime.

This paper summarizes the history and status of cannabis decriminalization in South Africa and draws on a review of literature to identify a key set of variables that determine the impact of legalization on organized crime: the type and degree of restrictiveness of the new regulations; various cultural, socio-economic, and political factors; features of the criminal justice system; and the structure and nature of criminal organization in the illegal cannabis market.

Reflections are provided on what these suggest about the likely impact of South African cannabis legalization on organized crime, and potential lessons and recommendations are proposed for effective policy reform in South Africa, as well as guidance for similar decision-making in other contexts.

Effective reform requires integrating marginalized communities and black-market participants into the legal market, along with considerations for managing legal supply, strategic enforcement against criminal gangs, and public health education to ensure a comprehensive approach to reducing organized crime. A phased implementation of regulatory frameworks, ongoing monitoring, and investment in data collection are essential to assess and optimize the impact of legalization on organized crime. Geneva: SWIT: Global Initiative Against Transnational Organized Crime , 2024. 29p.

By Pascal Tanguay

Elections in 2023 have brought a new government to power, headed by Prime Minister Srettha Thavisin, who declared in late September that his government intends to achieve in the next six months a partial reversal of the reforms, recriminalizing recreational use and leaving the medical market as the sole legal arena.

Through a methodical data collection process involving key informant interviews and literature reviews, this report sheds light on the substantial impacts of such policy changes, especially on the illicit markets and organized crime networks. Informed by these insights, the GI-TOC has formulated preliminary policy recommendations to secure a resilient Thai cannabis market that is as balanced as it is sustainable.

Geneva, SWIT: The Global Initiative Against Transnational Organized Crime (GI-TOC),  2024. 34p.

By Zenobia Ismail and Robin Richards

State capture occurs when a small number of elites in the public and private sectors collude to modify rules, policies and legislation for their own benefit at the expense of the public interest. The term emerged in the 1990s to describe relations between the state and the private sector in Eastern European states that were transitioning away from communism. In South Africa, state capture became a prominent topic in the media in 2016 following widespread allegations that several state-owned enterprises and other agencies, including South African Airways, Electricity Supply Commission of South Africa (ESKOM), South African Broadcasting Corporation (SABC), Denel (arms manufacturer), South African Revenue Service (SARS) and the State Security Agency, were “captured” by individuals with close ties to the then president of South Africa, Jacob Zuma.

The literature on state capture tends to focus on the close relations and exchange of favours among key actors in the public and private sectors. It does not provide detailed accounts of how institutions are captured or the consequences of this for the functioning of the institution. In order to deepen the evidence on state capture, this study provides a detailed account of the impact of state capture on the capacity of one state agency, SARS. The research examines the capacity of SARS to detect, investigate and prevent tax and financial crime and how this changed as a result of state capture.

There were three key components of the so-called capture of SARS:

• Infiltration of the organisation by new employees aligned to politicians associated with state capture. This included Tom Moyane, appointed by Zuma as the new Commissioner of SARS in 2014;

• Allegations in the media which cast doubt on the integrity of the institution and its leaders. These included aspersions regarding an alleged ‘rogue unit’ in SARS which exceeded its legislative authority to investigate tax and financial crimes. These accusations undermined the integrity of some senior managers at SARS and enabled them to be suspended pending investigation;

• Organisational change and staff purges that further weakened the institution. Moyane, with the help of the local office of the consulting firm Bain International, introduced a sweeping restructuring of SARS. During the restructuring process, key units that were responsible for detecting and investigating financial crimes pertaining to the illicit economy were disbanded. There were staff purges and an organisational climate of intimidation, which contributed to widespread resignations. Consequently, SARS lost much of its human capacity to detect and investigate tax and financial crimes. Likewise, information technology systems that were used to detect or investigate tax or financial crimes were dismantled or altered under the guise of improvement.

This study contributes to the literature on state capture by providing evidence of the detrimental impact of state capture on institutions and the public interest. It suggests that the lack of similar detailed case studies may lead to an underestimation of the negative impact of state capture for institutions in the public sphere. The study illuminates the unintended consequences of state capture on institutions. The integrity of SARS as the receiver of revenue has been tarnished; this is expected to lead to taxpayer apathy and a decline in direct and indirect tax revenue. This prediction does not bode well for national development which is a critical function of the South African state. The study suggests that state capture will undermine economic development in South Africa.

SOC ACE Research Paper No. 12. Birmingham, UK: University of Birmingham, 2023. 42p.

By Liam O’Shea, Gonzalo Saiz & Alexia Anna Hack (RUSI); and Olivia Allison (Independent).

The research highlights the correlation between a third country’s support for or opposition to sanctions and the extent of its geopolitical alignment with senders or targets. It finds that SEA is more likely when a third country is economically reliant on the target country, has interests in engaging in SEA and has the trade and commercial capacities to do so – particularly in professional advisory, financial services, shipping and logistics sectors. In these cases, there is likely to be a significant role for a range of private commercial actors within these sectors with economic interests in engaging in SEA. This suggests that policymakers combatting SEA should prioritise economies reliant on these sectors and promote improved sector regulation and enforcement measures.

More broadly, the research suggests that focusing on the role of third countries in SEA by industry sector, rather than just by country, may help to identify more tailored countermeasures. This approach, and the specific nuances and features of particular types of SEA, enables more focused follow-on analysis and potentially more targeted policy responses.

The report examines thirteen third countries (Armenia, Cyprus, Czechia, Georgia, Indonesia, Kazakhstan, Malta, Saudi Arabia, Serbia, South Africa, Spain, Türkiye and the UAE), involved in SEA relating to sanctions imposed on Russia since the Ukraine invasion. It draws from literature, data analysis of media reports, blogs, forums and other open-source information as well as trade and shipping data, spanning from February 2022 to February 2023.

Sanctions are an important tool for exerting influence internationally yet understanding of the impact of sanctions evasion or avoidance (SEA) and third-country involvement remains limited. In this study, third countries are defined as distinct from ‘senders’ and ‘targets’ of sanctions regimes and aims to shed light on their role in SEA.

SOC ACE Research Paper No 21. Birmingham, UK: University of Birmingham, 2023. 35p.

By: Dr Erica Marat (NDU) and Dr Alexander Kupatadze (KCL).

This paper examines the practices used to evade sanctions imposed on Russia after its invasion of Ukraine in 2022, focusing on the import–export operations of Russia, Belarus, Georgia, and Kazakhstan. The research finds that sanctions have not cut supplies to Russia but have instead empowered informal trade networks and intermediaries. Georgia and Kazakhstan have indirectly benefited from the increased transiting trade; however, the impact on the shadow economy and traditional organised crime has been minimal because sanctions-busting is not illegal in these countries. In the aftermath of Russia’s invasion in Ukraine, a conspicuous surge in trade anomalies and import- and export-related red flags has been observed. In many instances, these irregularities can be definitively attributed to strategies employed to circumvent sanctions. The Western focus has been on restricting the re-exports of sanctioned goods to undermine Russia’s military apparatus. However, third-party states, such as Georgia and Kazakhstan, play a significant role in enabling Russia to sustain its international trade activities, yielding substantial financial gains for the country’s military expenditure.

Our research underscores the complexity and challenges of enforcing international sanctions and preventing sanctions evasion. It shows that the sanctions have not been as effective as hoped in cutting off Russia from the global economy, and that Russia has been able to find ways to circumvent them. The paper highlights the need for more concerted efforts and cooperation among Western states, private companies based in the West, and third-party states, to mitigate and prevent sanctions-busting activities.

Future research could expand to include more countries and examine the broader implications of sanctions. It could also examine the extent to which organized crime, such as cybercrime and trade-based money laundering, are linked to sanctions evasion. This research would build on the recommendations of this paper by developing more specific strategies for detecting and preventing sanctions evasion, including the use of new technologies and data analysis techniques.

Research Paper No. 18 University of Birmingham. 2023. 47p.

By David Lewis and Tena Prelec

This paper provides an analytical overview of how Russian actors and proxies are using illicit financial flows (IFF) to support Russian foreign policy goals. It shows how Russia has used illicit finance to fund political interference campaigns, promote disinformation, and support military operations outside Russia, including the international activities of the Wagner network.

IFF includes a wide range of illicit and illegal cross-border financial activities, including high-level corruption, money-laundering, and sanctions evasion. Illicit finance played a significant role in Russian foreign policy pre-2022 invasion of Ukraine. Subsequent international sanctions against Russia have further amplified Moscow's reliance on illicit business and financial practices.

Russia has become increasingly reliant on IFF in three important areas:

• First, IFF facilitates sanctions evasion and is central to Russia’s efforts to source weapons and dual-use technology.

• Second, IFF is used to fund political interference and information operations globally, with an increasing trend towards activities in the Global South.

• Third, IFF supports Russia's involvement in armed conflicts, through the funding of paramilitary forces such as Wagner and commercial deals that accompany Russian military activities in the Middle East and in Africa.

Unless effectively countered, Russia's growing use of illicit financial and economic tools will give it an advantage in its war against Ukraine. The Wagner network demonstrates how illicit financial networks can support military proxies in ways that pose a serious threat to international security.

An effective response to illicit finance requires a holistic approach, combining effective sanctions with systematic efforts to tackle money-laundering and illicit finance in key financial and logistical hubs, including in the UK and other Western countries.

SOC ACE Research Paper No 17. University of Birmingham. 2022. 43p.

By Maria Nizzero

The imposition of sanctions against the ‘oligarchs’ following Russia’s invasion of Ukraine has triggered a policy conversation about the potential to move ‘from freeze to seize’: achieving permanent confiscation of assets that are currently temporarily frozen under sanctions. Acting against the oligarchs’ assets represents a way for the UK government to both reaffirm its intention to support Ukraine, and to show that the UK is no longer a haven for the proceeds of patronage, bribery or corruption. However, the UK’s asset recovery mechanisms have previously fallen short when dealing with the challenges related to seizing such proceeds, such as the difficult nature of investigating alleged historical criminality and corruption at the root of the wealth, the vast resources available to those who to manage to hide their assets and, if needed, to prove their licit origin, and the provenance of wealth in uncooperative jurisdictions. In addition, while the intention to move ‘from freeze to seize’ is high on the government’s agenda and has been reflected in several parliamentary debates and the Economic Crime Bill presented in September 2022, there are concerns that such political interest and pressure to act quickly should, however, come with proposals that do not undermine the UK’s status as a rule-of-law jurisdiction and a supporter of fundamental human rights. This paper explores alternative asset recovery mechanisms that could help respond to the immediate policy goal surrounding Russian-linked sanctioned assets and contribute to strengthening the broader asset recovery framework in the UK for the longer term. It sets out the current challenges related to confiscation of proceeds of grand corruption and explores the limitations of UK civil recovery mechanisms when seeking to tackle such proceeds. Given these challenges, the research looks at examples of three alternative mechanisms across four jurisdictions – Australia, Switzerland, Ireland and Italy – weighing their potential and limitations in relation to issues such as a lower standard of proof or reversed burden of proof, as well as reframing around ‘societal danger’, and their legal applicability in UK legislation. With these factors and the broader findings of the research in mind, this paper concludes with a set of recommendations for UK policymakers, which apply equally to the global debate, when thinking about reforming the country’s asset recovery mechanisms. While it does not intend to categorically push for one model to be adopted over others, as developing legislative mechanisms to facilitate the permanent confiscation of kleptocratic proceeds is a challenge that goes well beyond the UK,1 the paper suggests considering amendments to the current asset recovery mechanisms that take account of the social damage and national security interests affected by criminals, and kleptocrats in particular. This is a key gap in UK legislation, and these concepts need to both be included in asset recovery legislation and have full buy-in from the government and law enforcement. Alongside this, some adjustments to existing legislation to include certain elements, such as a full reverse burden of proof and, most importantly, appropriate resourcing of law enforcement, will improve the odds of recovering proceeds of crime in the UK.

SOC ACE Research Paper No. 16. Birmingham, UK: University of Birmingham.2023. 35p.

By Cathy Haenlein, Sasha Erskine, Elijah Glantz and Tom Keatinge

Sanctions are increasingly being used to tackle a range of specific issues. These include sanctions that respond to human rights abuses, combat corruption and address malicious cyber activity. As sanctions use has broadened, the question of their application to organised criminal activity is increasingly raised; yet the use of sanctions for this reason has remained limited to a specific set of issuers, notably the US, and more recently, the UN. In the UK, the government has advanced its vision of an ambitious post-Brexit independent sanctions regime, with the Sanctions and Anti-Money Laundering Act 2018 allowing sanctions use ‘in the interests of national security’ (HMG, 2018). New regimes addressing human rights and corruption have emerged. With serious and organised crime deemed a national security threat by the UK government, there is a case to add a sanctions regime to address this particular threat (HMG, 2018). The National Crime Agency itself has called for a legislative amendment to reference serious and organised crime as grounds for sanctions use (HMG, 2021). However, little research or evaluation has been undertaken to assess the impact of sanctions on organised crime. With US sanctions used over almost three decades to disrupt cross-border trafficking, the lack of a body of rigorous relevant research is a key shortcoming. Similarly, few past initiatives have sought to assess the lessons these experiences hold for future sanctions issuers in this space. With interest mounting in the potential use of organised crime-related sanctions, this represents a critical limitation. In seeking to address the gap, this paper reviews existing evidence on the use and impact of sanctions to disrupt organised criminal activity. It focuses on two case studies, Colombia and Libya, in differing regions of the world and with different exposure to organised crime-focused sanctions. While Colombia tops the list of states globally for organised crime-focused sanctions on individuals and entities in its territory (with the third-highest number of relevant listings since 2016), Libya’s exposure is more recent and limited. Libya nonetheless has experience of listings under UN and US country regimes relating to fuel smuggling, people smuggling and human trafficking. Here, it differs markedly from Colombia, which is the epitome of the historic US approach to narcotics-related sanctions. This paper analyses organised crime-related sanctions data, examines the current state of knowledge relating to the implementation and impact of these sanctions, and draws on the tw wo case studies. It identifies a number of factors that influence the effectiveness of organised crime-focused sanctions, including:

• The extent to which the host government of the sanction’s target is willing to cooperate with the sanction’s issuer.

• The extent to which the issuance of sanctions is embedded within a coherent broader strategic approach.

• The overarching focus of the regime within which relevant designations are made.

• The need for clear objectives when applying sanctions.

• Resourcing and engagement of key agencies in both the country of issuance and the target’s host country.

• Divergent levels of vulnerability of key actors across the related illicit trade chain. With these factors and the broader findings of the research in mind, this paper concludes with a set of ten considerations for those countries that may, in the future, consider introducing organized crime-focused sanctions.

SOC ACE Research Paper No. 1. Birmingham, UK: University of Birmingham. . 2022. 51p.

Edited by: Melissa Demian

The introduction of village courts in Papua New Guinea in 1975 was an ambitious experiment in providing semi-formal legal access to the country’s overwhelmingly rural population. Nearly 50 years later, the enthusiastic adoption of these courts has had a number of ramifications, some of them unanticipated. Arguably, the village courts have developed and are working exactly as they were supposed to do, adapted by local communities to modes and styles consistent with their own dispute management sensibilities. But with little in the way of state oversight or support, most village courts have become, of necessity, nearly autonomous.

Village courts have also become the blueprint for other modes of dispute management. They overlap with other sources of authority, so the line between what does and does not constitute a ‘court’ is now indistinct in many parts of the country. Rather than casting this issue as a problem for legal development, the contributors to Grassroots Law in Papua New Guinea ask how, under conditions of state withdrawal, people seek to retain an understanding of law that holds out some promise of either keeping the attention of the state or reproducing the state’s authority.

Canberra: ANU Press, 2023. 210p.

By Michael McLaggan

Prominent throughout the world, illicit financial flows (IFFs) not only undermine the ability of states to collect revenue, but they also pose challenges to governance and the rule of law and provide avenues for the funding of further illicit activity. Although a global occurrence, IFFs may manifest differently at the regional level, making a uniform approach difficult. This calls for a model that is more inclusive of different types of flows than traditional understandings of IFFs, which tend to focus on financial flows within the formal system. In regions such as East and southern Africa, where informality is much higher than in the developed nations of the ‘global north’, the greater focus on formal systems does not find the same degree of applicability. This is not to downplay the necessity of observing and countering formal financial flows of an illicit nature but rather to emphasise the need to pay greater attention to informal and trade flows, which are prolific in less developed regions. This paper draws on extensive research by the Global Initiative against Transnational Organized Crime (GI-TOC) – in particular, the Observatory of Illicit Economies in East and Southern Africa – in addition to research by other international organisations, to analyse whether the ‘IFFs pyramid’ proposed by the GI-TOC (Reitano, 2022) is applicable to and useful for researchers seeking to understanding illicit financial flows in various settings around the world but especially in regions where greater levels of informality exists, such as East and southern Africa. The paper finds that the pervasive informality of markets in the East and southern African region, and their abuse by criminal actors, means that greater attention to IFFs is necessary in this sphere. Common also is the use of illicitly acquired, or otherwise illicitly traded commodities, in barter (that is, goods for goods) markets. Identified as particularly relevant is the pernicious influence of state-embedded actors, who often play substantial roles in the facilitation of IFFs and act as obstacles to policies to address them. Furthermore, vested interests of criminal actors in keeping certain industries and markets informal serve as barriers to formalisation and highlight the greater need to pay attention to informal financial flows especially. The due consideration to trade and informal flows is what makes the IFFs pyramid a useful model for understanding these flows in both global and regional settings. At the very least, the pyramid model highlights the need for holistic approaches and policy reform when considering IFFs in less developed regions.  

Birmingham, UK: University of Birmingham. 2024, 33pg

Edited by Nick Gill and Anthony Good

Drawing on new research material from ten European countries, Asylum Determination in Europe: Ethnographic Perspectives brings together a range of detailed accounts of the legal and bureaucratic processes by which asylum claims are decided. The book includes a legal overview of European asylum determination procedures, followed by sections on the diverse actors involved, the means by which they communicate, and the ways in which they make life-and-death decisions on a daily basis. It offers a contextually rich account that moves beyond doctrinal law to uncover the gaps and variances between formal policy and legislation, and law as actually practiced. The contributors employ a variety of disciplinary perspectives – sociological, anthropological, geographical, and linguistic – but are united in their use of an ethnographic methodological approach. Through this lens, the book captures the confusion, improvisation, inconsistency, complexity, and emotional turmoil inherent to the process of claiming asylum in Europe.

Basingstoke, UK: Palgrave Macmillan, 2019. 346p.