Introduction to A Research Agenda for Economic Crime and Development

This introductory chapter discusses the role that law and normative analysis can and does play in advancing sustainable development in particular in the context of facilitating stability and security. It focuses on the contribution that law, in its various manifestations, in assisting states to better protect their economies from the threats presented by economically motivated crime and especially by organised crime groups. It addresses by way of example, practical issues and specific cases. While recognizing that the primary weakness in societies’ responses to these threats is lack of resources, the author makes it clear that this is not simply an issue for the developing world. The nature of the threats presented by economically relevant crime will depend in large measure on the nature of the economy and its sophistication, but the risks will always be present in one form or another. The chapter underlines the importance in recent times of strategies based on the disruption of criminal organizations and in particular the flow of their funds. The implications of such strategies are not always appreciated and the author expresses concern as to their appropriateness in the context of some developing countries. He also considers the proportionality of the responses in many developed countries to failures in the compliance obligations cast on those who in the ordinary course of their businesses mind other people’s wealth, for the purposes of generating financial intelligence which is critical for effective interventions. The chapter draws much on the experience of a Commonwealth initiative against economic and organised crime as a possible example of enhanced international collaboration. The chapter in its discussion of the threats posed to the stability of our inter-dependent economies indicates a range of issues that require much greater thought and discussion supported by far more effective research.