Reverse Engineering Legal Professional privilege in a Globlising World - the Australian Case

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Abstract

This article will deconstruct the origins and development of the international standards in the field of anti-money laundering (‘AML’) and counter terrorist financing (‘CTF’) dealing with longstanding legal professional privilege. It will explore the ways in which these standards have reshaped regulatory regimes in a globalised world. The article will fill the gaps in the existing literature by contemplating the future of legal professional privilege globally and in Australia, which provides a case study of a regime that does not yet comply fully with AML and CTF international standard. This approach differs significantly from that of other literature in the field, which deals comprehensively with the theoretical foundations of legal professional privilege, as well as its practicalities and limitations, without considering the influence of the international non-binding norms. The article aims to demonstrate that an understanding of the influence of these norms can shed light on the departure from regular lawmaking processes and on the emerging forms of international governance.
Original languageEnglish
Number of pages16
JournalJournal of Money Laundering Control
Publication statusAccepted/In press - 21 Feb 2020

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Keywords

  • FATF
  • CTF
  • LEGAL PROFESSIONAL PRIVILEGE
  • TRANCHE II
  • AML

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