Managing global economic crimes as human rights violations in a worldwide perspective : a study of the money laundering process in the international market

Abstract

The thesis provides an overview of the challenges brought about by money laundering in the present globalised world. The policies led to date at the international level for fighting economic crimes present shortcomings in national and international criminal law. Indeed, they tend to make abstraction of the fact that money laundering implies undoublty, either in its performance, or as a consequence, human rights violations. Therefore, the main purpose of this study is to propose a ground-breaking approach with a human rights lens to the fight of both money laundering and its predicate offenses. This thesis examines money laundering impacts over an economic, legal and social dimension The drawbacks of the “Double Track” system of policies implemented to date worldwide are analysed, namely: the AML/CFT criminal/punitive approach, and the AML/CFT preventive/regulatory approach. The conclusions suggest to reshape the present framework. The findings of this thesis point at the necessity to draft and implement a new instrument that would specify the criminalisation of money laundering, establish a direct link between this crime and the perpetration of human rights violations, securing a right to be free from money laundering, and finally establish in parallel an international tribunal for money laundering.