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The main focus of this book is the impact of maritime fraud on contracts for sale and carriage, documentary credits and marine insurance. It covers all varieties of maritime fraud, from the most serious downwards, describing the methods employed and the risks to traders and carriers. At the serious end of the spectrum, pirates capture an entire ship, often murdering the entire crew, in order to sell the cargo (to which of course they have no title), later to use the “innocent” ship to pose as innocent traders. Less serious (but perhaps of greater interest to lawyers) are misdescriptions of cargo in, or backdating of, bills of lading, and other deceptions, usually practised on purchasers and banks.
The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.
In Combating Piracy: Intellectual Property Theft and Fraud,Jay S. Albanese and his contributors provide new analyses ofintellectual property theft and how perpetrators innovate and adapt toshifting opportunities. The cases described here illustrate thewide-ranging nature and the spectrum of persons involved in piracy ofstolen copyrights, trademarks, trade secrets, and patents, from thesoftware industry to pharmaceuticals. The global reach of theproblem requires international remedies that include changed attitudes,public education, increasing the likelihood of apprehension, andreducing available opportunities. The contributors show that piracy isa form of fraud, a form of organized crime, a white-collar crime, acriminal activity with causes we can isolate and prevent, and a globalproblem. This book examines each of these perspectives to determine howthey contribute to our understanding of the issues involved.
Media Piracy in Emerging Economies is the first independent, large-scale study of music, film and software piracy in emerging economies, with a focus on Brazil, India, Russia, South Africa, Mexico and Bolivia. Based on three years of work by some thirty five researchers, Media Piracy in Emerging Economies tells two overarching stories: one tracing the explosive growth of piracy as digital technologies became cheap and ubiquitous around the world, and another following the growth of industry lobbies that have reshaped laws and law enforcement around copyright protection. The report argues that these efforts have largely failed, and that the problem of piracy is better conceived as a failure of affordable access to media in legal markets.
"This is a law book about maritime fraud, involving traders in international sales and sea carriage. Maritime fraud directly impinges on contracts for sale and carriage, as well as documentary credits and marine insurance and it is its impact here that is the main focus of the book."
The seventeenth-century war on piracy is remembered as a triumph for the English state and her Atlantic colonies. Yet it was piracy and illicit trade that drove a wedge between them, imperiling the American enterprise and bringing the colonies to the verge of rebellion. In The Politics of Piracy, competing criminalities become a lens to examine England's legal relationship with America. In contrast to the rough, unlettered stereotypes associated with them, pirates and illicit traders moved easily in colonial society, attaining respectability and even political office. The goods they provided became a cornerstone of colonial trade, transforming port cities from barren outposts into rich and extravagant capitals. This transformation reached the political sphere as well, as colonial governors furnished local mariners with privateering commissions, presided over prize courts that validated stolen wares, and fiercely defended their prerogatives as vice-admirals. By the end of the century, the social and political structures erected in the colonies to protect illicit trade came to represent a new and potent force: nothing less than an independent American legal system. Tensions between Crown and colonies presage, and may predestine, the ultimate dissolution of their relationship in 1776. Exhaustively researched and rich with anecdotes about the pirates and their pursuers, The Politics of Piracy will be a fascinating read for scholars, enthusiasts, and anyone with an interest in the wild and tumultuous world of the Atlantic buccaneers.
Many believe that pirates and other water-bound terrorists present a significant threat to international maritime security. Testing the validity of this claim, Martin N. Murphy scrutinizes recent incidents of maritime terrorism and locates the commonalities between pirates and maritime terrorists that enable them to commit their extensive crimes. Murphy's research opens up surprising sites of contact between pirates and wider criminal networks, organizations that pursue their corrupt agendas not only on sea but also on land. It is these relationships, Murphy argues, that bring about the destabilization of states and regions in which piracy occurs. Murphy's most significant revelation is the way in which maritime criminality may disguise insurgent and terrorist activity, allowing such actors greater freedom to maneuver. Although these acts currently rank as a low-level threat, priacy feeds off of political upheaval. Before they can evolve into a truly powerful and dangerous force, however, maritime terrorists and insurgents will have to overcome significant operational and technical issues. They must also capture the attention of an international audience by committing atrocities at sea that are as devastating as those committed on land.
The main focus of this book is the impact of maritime fraud on contracts for sale and carriage, documentary credits and marine insurance. It covers all varieties of maritime fraud, from the most serious downwards, describing the methods employed and the risks to traders and carriers. At the serious end of the spectrum, pirates capture an entire ship, often murdering the entire crew, in order to sell the cargo (to which of course they have no title), later to use the “innocent” ship to pose as innocent traders. Less serious (but perhaps of greater interest to lawyers) are misdescriptions of cargo in, or backdating of, bills of lading, and other deceptions, usually practised on purchasers and banks.
This book addresses the persistence of the optical media piracy trade in the Philippines and Vietnam. It goes beyond arguments of defective law enforcement and copyright legal systems by applying sociological perspectives to examine the socio-economic forces behind the advent of piracy in the region. Using documentary and ethnographic data, in addition to resistance and ecological theories in sociology of law and technology as the overall theoretical framework, the book investigates factors that contribute to this phenomenon and factors that impede the full formalization of the optical media trade in the two countries. These factors include the government’s attitude towards the informal sector and strong resistance to tougher IPR protection, unstable and sometimes conflicting policies on technologies, burdensome business registration process and weak enforcement of business regulations, bureaucratic corruption and loopholes in law enforcement system as well as trade ties with China. In addition to that, the book highlights the social background of the actors behind the illegal business of counterfeit CDs and DVDs, thereby explaining the reasons they continue to persist in this type of trade. It invites policymakers, law enforcers, advocates of anti-piracy groups, and the general public to use a more holistic lens in understanding the persistence of copyright piracy in developing countries, shifting the blame from the moral defect of the traders to the current problematic copyright policy and enforcement structure, and the difficulty of crafting effective anti-piracy measures in a constantly evolving and advancing technological environment.
A frontline account of how to fight corruption, from Nigeria's former finance minister Ngozi Okonjo-Iweala. In Fighting Corruption Is Dangerous, Ngozi Okonjo-Iweala has written a primer for those working to root out corruption and disrupt vested interests. Drawing on her experience as Nigeria's finance minister and that of her team, she describes dangers, pitfalls, and successes in fighting corruption. She provides practical lessons learned and tells how anti-corruption advocates need to equip themselves. Okonjo-Iweala details the numerous ways in which corruption can divert resources away from development, rewarding the unscrupulous and depriving poor people of services. Okonjo-Iweala discovered just how dangerous fighting corruption could be when her 83-year-old mother was kidnapped in 2012 by forces who objected to some of the government's efforts at reforms led by Okonjo-Iweala—in particular a crackdown on fraudulent claims for oil subsidy payments, a huge drain on the country's finances. The kidnappers' first demand was that Okonjo-Iweala resign from her position on live television and leave the country. Okonjo-Iweala did not resign, her mother escaped, and the program of economic reforms continued. “Telling my story is risky,” Okonjo-Iweala writes. “But not telling it is also dangerous.” Her book ultimately leaves us with hope, showing that victories are possible in the fight against corruption.