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The rule of law: An essential component of the financial war against organized crime and terrorism in the Americas

Fletcher N. Baldwin Jr (The Centre for International Financial Crimes Studies, Levin College of Law, Holland Law Center, University of Florida, Gainesville, Florida, USA University of London, London, UK)
Theresa A. DiPerna (The Centre for International, Financial Crimes Studies, Levin College of Law, Holland Law Center, University of Florida, Gainesville, Florida, USA)

Journal of Financial Crime

ISSN: 1359-0790

Article publication date: 16 October 2007

1873

Abstract

Purpose

This paper aims to explore complexities of compliance with international and customary law when faced with terrorist threats. The paper's thesis asserts that terrorism cannot be successfully repelled unless the legitimacy of international and domestic law is adhered to by states out of a sense of reciprocal obligation in accordance with the principle of pacta sunt servanda (pacts shall be respected).

Design/methodology/approach

This paper examines US pronouncements in order to assess strategic validity.

Findings

While the Middle East, particularly Iraq, has been the focus of the US “War on terrorism,” the paper suggests two questions: what has been the US response to terrorist threats in the Americas? Have US national security priorities post‐9/11 been unnecessarily diverted from the Americas where much needed support is promised but lacking, and instead have resources been concentrated far beyond domestic and international norms?

Originality/value

The paper examines the US national security priorities, concluding that they have been unproductively diverted from the Americas to the Middle East in general and Iraq in particular. The US fixation upon Middle East “regime‐change”, while neglecting to recognize the dangerous nexus and presence of organized crime and terrorist organizations in the Americas, is illustrative of how the present administration has diverted its post.

Keywords

Citation

Baldwin, F.N. and DiPerna, T.A. (2007), "The rule of law: An essential component of the financial war against organized crime and terrorism in the Americas", Journal of Financial Crime, Vol. 14 No. 4, pp. 405-437. https://doi.org/10.1108/13590790710828145

Publisher

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Emerald Group Publishing Limited

Copyright © 2007, Emerald Group Publishing Limited

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