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Article

English, French

ID: <

oai:doaj.org/article:b96e6029063843f6b0a420c6818dc86a

>

·

DOI: <

10.4000/poldev.4036

>

Where these data come from
Illicit Financial Flows (IFF): concepts and definition

Abstract

In this article we discuss some of the major doctrines that dominate the debates on illicit financial flows (IFF), and we pursue the broad lines of legal reasoning to define the framework of what constitutes (or not) an illicit flow. Our analysis calls into question a definition of IFF “in the strict sense”. We suggest that the latter presents a distorted view of the legal scope. We then subject a definition of IFF “in a broad sense” to legal rather than ethical concepts and in doing so provide it with more clarity than necessary. Our analysis addresses two other dimensions of the disagreements: tension on the one hand between “legal” approaches to IFF and “development” approaches, and on the other hand between comprehensive and sectoral approaches in the programme of actions against IFF. Our analysis provides a brief overview of the current state of the debate in these areas, questions some well-established assumptions, and suggests ideas to reconcile divergent views. We create a bridge between legal and development perspectives by firmly integrating legal language into the Agenda and the Sustainable Development Goals. I conclude by making a few summary observations.

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