Intelligence Gathering Activities Research Articles

The implications of the Indo-Pacific Partnership for Maritime Domain Awareness (IPMDA) in the South China Sea: A Chinese perspective

The emergence of China as a major power and its adjustment of foreign policy have raised concerns in the U.S. The Quad, led by the U.S., aims to counterbalance China’s growing influence in East and Southeast Asia, and the Indo-Pacific Maritime Domain Awareness (IPMDA) acts as an important component of its strategy. However, this article notes that the endeavor faces significant challenges, including legal and geopolitical risks, as well as economic and technical limitations. Intelligence-gathering activities may infringe upon the sovereign rights and jurisdiction of coastal states, especially within disputed maritime areas. Cooperative enforcement under IPMDA can raise legal questions concerning the transfer of maritime jurisdiction under UNCLOS to non-contracting parties. China perceives the IPMDA initiative as a threat posed by the Quad. The Chinese government is concerned that it could spark renewed criticism of its fishing industry and strain diplomatic ties with neighboring countries. China’s response could entail the establishment of alternative mechanisms and increased transparency in maritime activities. Against the backdrop of intensifying competition between the U.S. and China and ongoing disputes in the South China Sea, the IPMDA could exacerbate existing tensions in the SCS area. The exclusivity of the IPMDA mechanism may not serve the best interests of maritime security and prosperity in the Asia-Pacific region. In this context, China is encouraged to play a more constructive role in defusing tensions.

효과적인 테러자금 차단 방안에 대한 연구

While there have been no direct terrorist attacks by foreigners illegal immigrants in Korea, some foreigners in Korea have continued to raise funds for terrorism and sympathize with the propaganda of extremist Islamic ideas. In particular, there have been a number of domestic terrorist financing incidents since the law was enacted. Since terrorist financing is a key basis for terrorist organizations' activities and seriously undermines the safety of the international community, it is important to block it for effective terrorism prevention. The purpose of this study is to collect cases of terrorist financing that have occurred in Korea to identify the current situation, derive characteristics through case analysis, and seek countermeasures. For this purpose, we utilized first instance judgments that included acts of terrorist financing. First of all, it is necessary to strengthen information collection activities and collection of key personnel such as fundraisers in order to prevent terrorist financing. In addition, education on preventing terrorist financing should be provided to foreign nationals in Korea. In order to block the flow of terrorist funds, the accounts of traders suspected of financing terrorism should be prioritized during the investigation stage, and intensive monitoring should be conducted on currency exchange operators who may be involved in illegal remittances. Finally, counter terrorism agencies such as the National Police Agency and the National Intelligence Service should identify the characteristics of the domestic terrorist financing environment and strengthen intelligence gathering activities based on this. However, this study is limited by the fact that it focuses on arrested cases and does not identify crimes that were not arrested.

New sources of criminal procedural and other judicial evidence in digital reality

The attitude of law, practice and science to actively appearing sources of evidentiary information is controversial and belated. Besides some exceptions Criminal Procedure Code does not contain special rules for handling electronic information. Meanwhile evidentiary rules were formulated more than half a century ago and were principally oriented only on receiving analog information. Electronic traces and ways of displaying legally relevant information contained in them are sospecific that previous procedural forms are not usable nowadays. Procedural science develops the theory of electronic evidence on a sectoral basis. However, thecommunity of information-digital technologies which is lying in the core of impetuous growth of importance of electronic information predetermines the possibility of producing consolidated intersectoral rules. Examples of foreign science show the success of this approach. Criminally-remedial practice uses only sourcesby which you can get paper analogs or conduct an examination while proving. The extension of traditional inspection, seizure, search and examination to electronic information lowers its efficiency and does not provide a regime of secrets protected by law. A huge layer of electronic information remains outside the procedural proof. Its real value is confirmed by its use in law enforcement intelligence-gathering activities. Defensive side in criminal proceedings is deprived of even a few evidentiary opportunities in relation to digital information. Civil, Arbitral, Administrative proceedings are more open to recent evidences. Equal rights of the contestants contribute to the development of electronic evidence. A criminal procedure with a monopoly of the prosecution on it strengthens the accusatory bias and impoverishes the proof as a whole. A further spread in the share of electronic evidence in criminal procedural proving requires a change in approaches to it, a rejection of the exclusively classical rules for dealing with them, the extension of civilistic approaches to the relevant activities of the defense.

Politics of Archaeology in the Late Ottoman Empire: The Case of a British Aristocrat

Politics of Archaeology in the Late Ottoman Empire:The Case of a British Aristocrat Özge Aslanmirza (bio) KEYWORDS Mark Sykes, archaeology, Britain, Ottoman Empire, Middle East Mark Sykes was an eminent British diplomat and agent, known today largely for the Sykes-Picot Agreement (1916), which led to the partition of the post-Ottoman Middle East. Indeed, he was an active figure in the creation of the Mandate regimes in the region after the end of the First World War. He was also known as a member of Parliament and specialist on the Middle East due to his frequent travels, although he was a lay scholar. He had attended diverse schools, both in Britain and abroad, and he had dropped out of Cambridge University. Nevertheless, he was passionate and curious about history, politics, archaeology, geography, and linguistics. His aristocratic background provided him with numerous opportunities, including travelling and conducting amateur research in the Middle East. By combining his diverse abilities, political connections and immense interest in the Middle East, he would become one of the most influential figures in British politics and foreign policy. This article will explore Mark Sykes' use of archaeology as a political tool, based on archival sources; namely, The Papers of Mark Sykes, a collection currently held at Hull University. I made use of the microfilm versions of these documents from the Turkish Historical Foundation. Alongside this, I benefited from the archival sources at the Hull History Centre, and the Prime Ministry Ottoman Archives (Başbakanlık Osmanlı Arşivi). Sykes was the son of a "world wanderer" and trader, who was himself particularly fascinated by the Middle East. In his youth, he had read popular Orientalist books, such as Richard Burton's translation of the Arabian Nights,1 as well as travelled with his father, Tatton Sykes, to the Middle East; later, he would be fascinated by his Cambridge professors' knowledge of antiquity. As [End Page 261] may be gleaned from Mark Sykes' writings, his father was familiar with the local people of the Middle East. For instance, in 1888, when he made his trip to Egypt, Sykes stated that he learned about the antiquities of the region from the Sirdar Lord Greenfell,2 who had close relations with the Sykes family. In the biography of Mark Sykes written by his grandson, Christopher Simon Sykes, he conveys that during Mark Sykes' journeys in the Levant, "he befriended the sheiks of different tribes, who told him of the local sights, kept him fed and watered, and more importantly gave him their protection."3 A year later, when he went to Jerusalem, Sykes related that "one of the old Sheikh Fellah recognized me and shouted to the crowd that I was his son."4 This example indicates the close relationship between Sykes and the locals. Although the travel notes of Tatton Sykes have not survived to the present day, it is likely that Mark Sykes' father was engaged in intelligence gathering activities, which would influence the later career of his son. Like his father, Mark Sykes was able to travel safely in different regions throughout the Middle East. He worked for a long time with an experienced dragoman, named İsa Kıbrıslı, who knew the region well. Kıbrıslı was an experienced guide, who had previously been employed by "Lord Chelmsford in the Abyssinian campaign and accompanied Sir Charles Wilson to Mount Sinai."5 The journey which is the subject of this paper took place when he was nineteen years old, in 1898. This was also the time when small scale explorations were transforming into more systematic and larger-scaled ones.6 Thus, the case of Sykes fits into the zeitgeist of the era, particularly considering his further investment in politics began with his journeys to the Middle East for the purposes of knowledge gathering. The original notes kept during the journey, as well as his related sketches, are among the Papers of Mark Sykes catalogued under the title of 'Journey from Jericho to Damascus.' His notes and observations were originally published as an article in the 1899 issue of Palestine Exploration Quarterly, the journal of Palestine Exploration Fund.7 The PEF is important in the...

FEATURES OF INTELLIGENCE-GATHERING COUNTERACTION TO CRIMES RELATED TO GAMBLING BUSINESS

The relevance of the study is conditioned by the fact that the authors comprehensively investigated the issues of intelligence-gathering counteraction to crimes related to gambling business, after the legalisation of gambling in Ukraine in 2020. The study clearly identified and described all the elements of the system of countering these crimes: crime prevention, crime detection, and response to crimes. The purpose of the study is to investigate the features of intelligence-gathering counteraction to crimes related to gambling in order to increase the effectiveness of counteraction to such crimes. To achieve this goal, the study used general scientific and special legal methods: the general dialectical method of scientific cognition of phenomena and their ties; formal and legal (dogmatic or legal and technical); system and structural; comparative law; generalisation. The system of intelligence-gathering counteraction to crimes related to gambling business includes: crime prevention, crime detection, and response to crime. Prevention of gambling-related crimes includes actions and intelligence-gathering measures for general and individual prevention. Detection of crimes related to gambling is carried out by operational units during intelligence-gathering activities to identify and suppress predicate crimes. Response to identified crimes includes documenting criminal activity and transferring materials to the appropriate investigative unit for making a decision on the initiation of criminal proceedings. The authors propose specific mechanisms for intelligence-gathering counteraction to crimes related to gambling

УКРАЇНСЬКА ПРАВООХОРОННА ТЕРМІНОЛОГІЯ: СУЧАСНІ ТЕНДЕНЦІЇ ТИПОЛОГІЇ

Analysis of scientific and lexicographic researches showed that Ukrainian law-enforcement terminology as an independent terminological branch had not been studied up to now. An important element in the development of the scientific system of the language of law-enforcement authorities is the classification of scientific concepts and terms, which facilitates its logical structuring and generalization. The article reflects the theoretical framework of the differentiation between thematic and lexical-semantic groups of lexical units on the basis of paradigmatic relations, therefore a preference is made for thematic grouping of Ukrainian law-enforcement terminology, demonstrating its integrity as a system. The following classification of law-enforcement terminology is developed on the basis of thematic and lexical-semantic differentiation. Defined terminological groups represent the areas of administrative arrangement, functional activity of law enforcement authorities, degree of their material support, signs of belonging to the police, transformation of the New Ukrainian Police, etc. In particular, the following terminological groups are emphasized: “Administrative Arrangement”, “Service Activity”, “Police Teams, Police greetings”, “Administrative regulatory documents”, “Signs of Belonging to the Police, “Military Uniform”, “Weaponization”, “Preventive Measures”, “Enforcement Actions”, “Institute of Prosecution and Witnesses”, “Law-Enforcement Intelligence-Gathering Activities”, “Cyberpolice”, “Police and Medical Measures”, “Official Misconduct and Punishment”, “Encouragement”. Within the context of certain thematic groups, lexical-semantic groups are identified. In particular, the thematic group “Signs of Belonging to the Police” is grouped by lexical-semantic subgroups, such as Symbolics, Departmental Insignia, Special Ranks; “Military Uniform” – Headgear, Overgarment, Underwear, Shoes, Equipment, Fittings, Distinctive Insignia; “Weaponization” – Ammunition, Weapons, Devices and other Protective Equipment, Impact Munition, etc. The specified strategy allows standardizing Ukrainian law-enforcement terminology as a specialized system of concepts that meets the needs of professional police activity.

Informal diplomacy in Chosŏn Korea and new engagement with the West and Westernized Japan, 1873–1876

AbstractThis article focuses on Chosŏn's informal diplomacy with the Qing dynasty that guided Chosŏn Korea's diplomatic engagement with Japan in the 1870s. The Chosŏn–Qing literary correspondence in Kang Wi's (姜瑋, 1820–1884) brush talk records has been viewed as historical evidence of Chosŏn's intelligence-gathering activities which formed the basis of a new diplomatic enterprise for dealing with modern imperial powers. What has received less attention, however, is the implementation and implications of the informal diplomacy reflected in Kang's diplomatic activities and his discursive practice. Based on a personal and unofficial account by an intellectual on the margins of the established social and international order, this study revisits the political and intelligence-gathering processes that led up to the 1876 peace agreement, which was the culmination of the Qing and Chosŏn dynasties’ concerted efforts as they transitioned to a changing world order in East Asia. In addition, this article further illuminates Kang's agency, despite his secondary social status, in Chosŏn's changing attitude towards Westerners and Westernized Japan. I argue that as both interviewer and transcriber, and from his position on the periphery of the Confucian ruling elites in the late Chosŏn period, Kang provided a new framework through which to formulate policies by reconfiguring his brush talk records to implement his own agenda as a member of the chungin (middle people) literary elite.

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The relevance of the study is conditioned by the need to regulate the legal status of participants in a polygraph examination as subjects of relevant legal relations. The purpose of the study is to improve the theoretical justification and applied component of the legal regulation of a polygraph examination in the security and defence sector of Ukraine, in particular the legal status of its participants. The methodological basis of the study consists of general and special methods of scientific knowledge, namely: hermeneutics, logical, system-structural, dogmatic, Aristotelian, generalisation, etc. It was proved that the peculiarity of a polygraph examination in the activities of the security and defence sector is that it is conducted to solve the problems of primary legal relations. Accordingly, the status of subjects in a polygraph examination is directly related to their legal status as participants in primary legal relations. It was determined that in the area of personnel support, during the examination of candidates for service (work), a polygraph test is appointed by the relevant subject represented by its head based on a regulation that establishes the procedure for checking candidates. It was noted that in the area of psychological support of counterintelligence and intelligence-gathering activities, the decision on the appointment of a polygraph test should be made by an official who has the right to approve the decision on the establishment of the relevant case; as for the initiator of the examination, it can be both the intelligence officer in charge of the case or the head of the operational unit or body. It was established that the appointment of a psychophysiological examination using a polygraph in criminal proceedings can be initiated by: the parties to criminal proceedings (in relation to themselves and other persons), the applicant, a witness (only in relation to themselves) and their representatives and legal representatives (in relation to persons whose interests they represent). Persons who have the right to appoint a psychophysiological examination using a polygraph are the investigator and the investigating judge.

Legal Status of the Initiator and the Person Granting Permission to Conduct a Polygraph Test

The relevance of the study is conditioned by the need to regulate the legal status of participants in a polygraph examination as subjects of relevant legal relations. The purpose of the study is to improve the theoretical justification and applied component of the legal regulation of a polygraph examination in the security and defence sector of Ukraine, in particular the legal status of its participants. The methodological basis of the study consists of general and special methods of scientific knowledge, namely: hermeneutics, logical, system-structural, dogmatic, Aristotelian, generalisation, etc. It was proved that the peculiarity of a polygraph examination in the activities of the security and defence sector is that it is conducted to solve the problems of primary legal relations. Accordingly, the status of subjects in a polygraph examination is directly related to their legal status as participants in primary legal relations. It was determined that in the area of personnel support, during the examination of candidates for service (work), a polygraph test is appointed by the relevant subject represented by its head based on a regulation that establishes the procedure for checking candidates. It was noted that in the area of psychological support of counterintelligence and intelligence-gathering activities, the decision on the appointment of a polygraph test should be made by an official who has the right to approve the decision on the establishment of the relevant case; as for the initiator of the examination, it can be both the intelligence officer in charge of the case or the head of the operational unit or body. It was established that the appointment of a psychophysiological examination using a polygraph in criminal proceedings can be initiated by: the parties to criminal proceedings (in relation to themselves and other persons), the applicant, a witness (only in relation to themselves) and their representatives and legal representatives (in relation to persons whose interests they represent). Persons who have the right to appoint a psychophysiological examination using a polygraph are the investigator and the investigating judge.

Legislative Regulation of the Activities of Intelligence-Gathering Units of the Penal System in Ensuring the Execution of Punishment

Introduction: the article analyzes legislative norms regulating the activities of operational units of the Federal Penitentiary Service of Russia. Aim: by analyzing the norms of the current intelligence-gathering, penal enforcement and criminal-procedural legislation, to put forward proposals for introducing amendments to certain norms so as to improve the effectiveness of legal regulation of the activities of operational units of the penal system. Methods: comparative legal method, empirical methods of description and interpretation, theoretical methods of formal and dialectical logic. Private scientific methods: legal-dogmatic method and the method of interpretation of legal norms. Results: having analyzed certain norms of the current intelligence-gathering, penal enforcement and criminal-procedural legislation, we see that the norms under consideration are in a certain contradiction, and there are also gaps in the legislative regulation of the activities of operational units of the Federal Penitentiary Service of Russia. Conclusions: we argue that structural operational units of the territorial and central management bodies of the Federal Penitentiary Service of Russia can conduct intelligence-gathering activities outside the territory of correctional institutions, including cases when such activities are conducted according to regulations set out as the tasks of intelligence-gathering activities in institutions executing sentences in the form of imprisonment. We also argue that operational units of the territorial bodies of the Federal Penitentiary Service of Russia can conduct intelligence-gathering activities aimed at establishing the location of convicts, those who have escaped from correctional institutions, their detention and delivery to the investigator (inquirer) for conducting investigative actions. We note legal gaps in the legislative regulation of these measures and propose amendments to legislative acts aimed at improving the effectiveness of law enforcement practice.

PECULIARITIES OF REGIME IMPLEMENTATION IN THE SOCIAL REHABILITATION SECTIONS OF UKRAINE’S CORRECTIONAL COLONIES

The essence and matter of the concept of regime and the peculiarities of its implementation in the social rehabilitation sections of Ukraine’s correctional colonies are considered in the article. The characteristics of the essence of the regime is given, which provides: security system (provides convicts’ isolation); a system of supervision over convicts (ensures convicts’ performing their duties); technical means of supervision and control; law enforcement intelligence-gathering activities; regime of special conditions in colonies; application of measures of physical influence, special means and weapons. The essence of the principles of progressive system of executing punishments is considered. Key words: regime, social rehabilitation section, correctional colony, peculiarities of regime implementation, progressive system.

Russian Law Enforcement Intelligence-Gathering Legislation: Problems and Ways to Address Them, Taking into Account the Experience of Some CIS Countries

Introduction: law enforcement practice and scientific research in the field of the theory of intelligence-gathering activities prove that current Russian intelligencegathering legislation contains quite a few legal gaps and contradictions. The article provides a scientific analysis of a number of problematic issues concerning legal regulation of intelligence-gathering activities conducted in the Russian Federation, with an emphasis on the functioning of operational units of the penal system of the Russian Federation. Aim:to work out proposals to improve national intelligence-gathering legislation by reviewingintelligence-gathering legislation of CIS countries, analyzing the works of scientists on the theory of intelligence-gathering activities and regulatory framework for the work of operational units. Methods: comparative legal method, theoretical methods of formal and dialectical logic, specific scientific methods: legal-dogmatic method, interpretation of legal norms. Results: the article considers the inconsistency between the purpose of intelligence-gathering activities enacted in law and both the law enforcement practice and its legally defined tasks, the absence of a number of significant tasks, as well as the grounds for conducting intelligence-gathering activities by operational units of the penal system, the lack of legal regulation of the content of intelligence-gathering activities and their procedure. To prove the existence of these shortcomings, we analyze the most common intelligence-gathering measures such as questioning and inquiries. Having studied intelligence-gathering laws of several CIS countries we found some norms regulating intelligence-gathering activities in the penitentiary system, the use of which, in our opinion, is possible in Russian context. Based on this, we make proposals to improve legal regulation of intelligence-gathering activities, in particular, by disclosing the concept of each intelligence-gathering activity in the norms of intelligence-gathering law. Conclusions: the article develops and substantiates proposals for improving Russia’sintelligence-gathering law and concludes that it is necessary to transform fundamentally the legislative regulation of intelligence-gathering activities in Russia by adopting the appropriate code. Keywords: intelligence-gathering activities; intelligence-gathering measures; shortcomings; problems; intelligence-gathering law; theory of intelligence-gathering activities; intelligence-gathering code.

ПРОБЛЕМЫ ВОЗБУЖДЕНИЯ УГОЛОВНОГО ДЕЛА ПРЕДУСМОТРЕННОГО СТ. СТ. 195, 196 УК РФ НА ПРИМЕРЕ КРАСНОЯРСКОГО КРАЯ

This article examines the controversial issues of the delimitation of criminal bankruptcies - crimes under following articles of the Criminal Code of the Russian Federation 195 "Wrongful actions under the procedure of bankruptcy", 196 "Deliberate bankruptcy" and 197 "Fictitious bankruptcy" - from the swindling (article 159), which is a form of theft. The issue of distinguishing crime bankruptcy from fraud is not new. It was analyzed by the pre-revolutionary and modern specialists in criminal law. However the problem is on the front burner. The purpose of the study: to develop and propose the main criteria that make it possible to distinguish between criminal bankruptcies and other related elements of crimes and, in particular, from fraud, to improve the fight against crimes committed in the field of insolvency (bankruptcy) institution. The objectives of the study: to analyze the main approaches to distinguishing between criminal bankruptcies and fraud that existed in the pre-revolutionary period and at present; to compare the objective and subjective features of the analyzed compounds with each other, highlighting the similar and distinctive features. Research methods: historical, comparative legal, system-structural, formal-logical and method of studying documents. The study was conducted on the basis of the results of criminal investigations by investigators of the investigating authorities in the Krasnoyarsk Territory from 1997 to the present, and an analysis of classical and modern scientific literature. In the author's opinion, an urgent adjustment of the commented norms of the sectoral legislation and a number of other (departmental) normative legal acts is able to stabilize the relevant legal relations and improve the effectiveness of the criminally-remedial and intelligence-gathering activities of the law enforcement agencies concerned.

Identifying potential emerging threats through epidemic intelligence activities—looking for the needle in the haystack?

BackgroundEpidemic intelligence (EI) for emerging infections is the process of identifying key information on emerging infectious diseases and specific incidents. Automated web-based infectious disease surveillance technologies are available; however, human input is still needed to review, validate, and interpret these sources. In this study, entries captured by Public Health England’s (PHE) manual event-based EI system were examined to inform future intelligence gathering activities. MethodsA descriptive analysis of unique events captured in a database between 2013 and 2017 was conducted. The top five diseases in terms of the number of entries were described in depth to determine the effectiveness of PHE’s EI surveillance system compared to other sources. ResultsBetween 2013 and 2017, a total of 22 847 unique entries were added to the database. The top three initial and definitive information sources varied considerably by disease. Ebola entries dominated the database, making up 23.7% of the total, followed by Zika (11.8%), Middle East respiratory syndrome (6.7%), cholera (5.5%), and yellow fever and undiagnosed morbidity (both 3.3%). Initial reports of major outbreaks due to the top five disease agents were picked up through the manual system prior to being publicly reported by official sources. ConclusionsPHE’s manual EI process quickly and accurately detected global public health threats at the earliest stages and allowed for monitoring of events as they evolved.

Brokering transnational networks: emerging connections between organised crime groups in the Pacific and Indian Oceans

ABSTRACTThe current explosion of cocaine, illicit methamphetamine and fentanyl in the Asia Pacific is the result of increased collaboration between Chinese and Latin American organized crime groups operating across the Pacific littoral. These networks are connected through brokers who operate as channels between these discrete criminal. Recently, elements of these networks in the Pacific have begun to appear in the Indian Ocean region, demonstrating the cumulative reach of these criminal organizations. Australian law enforcement and intelligence officials will need to focus intelligence gathering activities on identifying key brokers in order to disrupt these criminal networks. Specific attention should be paid to emergent networks in the Indian Ocean which could prove to be the missing piece of the puzzle to understanding the scope and depth of these linked criminal organizations that operate across all four corners of the globe.

Legal Issues: USA Patriot Act Still Raising Questions

In the nearly 14 years since the USA PATRIOT Act was enacted, it has not become any less controversial. Enacted just a few short weeks after the 9/11 attacks, the Act was intended to address perceived shortcomings in U.S. intelligence gathering, and give the nation new tools to fight in a “new war” against terrorism. Even at that early date, there was a belief that more effective intelligence gathering would have given the authorities additional information about the planners and the plan. Whether it would have been enough to prevent the attacks is a question that will likely never be answered. The PATRIOT Act was a series of amendments to the Foreign Intelligence Surveillance Act (FISA), which regulated the gathering of intelligence information. FISA was enacted in the wake of allegations of abuse in the wake of the Vietnam War, anti-communism investigations and the Watergate scandal and created a series of policies and procedures to manage intelligence gathering activities. It also created the secret Foreign Intelligence Surveillance Court (FISC) to approve requests to conduct investigations.

Joseon Emissaries’ Intelligence-gathering Activities of Chen-Shangyi Pirates Group during the Early Eighteenth Century

Joseon Emissaries’ Intelligence-gathering Activities of Chen-Shangyi Pirates Group during the Early Eighteenth Century

Business Intelligence and Multimarket Competition

AbstractWe consider a multimarket framework where a set of firms compete on two oligopolistic markets. The cost of production of each firm allows for spillovers across markets, ensuring that output decisions for both markets have to be made jointly. Prior to competing in these markets, firms can establish business intelligence gathering links with other firms. A link formed by a firm generates two types of externalities for competitors and consumers. We characterize the business intelligence equilibrium networks and networks that maximize social welfare. By contrast with single‐market competition, we show that in multimarket competition there exist situations where intelligence‐gathering activities are underdeveloped with regard to social welfare and should be tolerated, if not encouraged, by public authorities.

Undercover Acolytes: Honganji, the Japanese Army, and Intelligence‐Gathering Operations

In the late nineteenth and early twentieth century, as the Japanese Army sought intelligence on the countries neighbouring Japan, the military made use of the Buddhist priesthood as a cover for intelligence gathering. In addition, elements of the Buddhist priesthood, in particular the Kyoto‐based Honganji sect, were happy to cooperate with the military in its intelligence gathering operations, either by allowing military officers to disguise themselves as monks or by having Buddhist monks gather military intelligence for the Japanese Army. This article examines the relationship between the Japanese Army and the Honganji sect following the 1868 Meiji Restoration, the activities of military officers who disguised themselves as Buddhist monks and the intelligence gathering activities of Buddhist monks, hoping to shed more light on the part that Japanese Buddhism played in Japan's imperial adventures.

Legal Liberalism, Statutory Despotism and State Power in Early Twentieth-Century South Africa

This article is about the attempts by pre- and post-Union (1910) South African governments to create effective sedition laws, partly directly to curb specific political opponents, but also to license and focus state intelligence-gathering activities. Supreme Court judges' adherence to a rule-of-law formalism in a succession of court cases both hindered and encouraged these attempts. I am particularly interested in how the courts' imposition of more rigorous standards of performance in the production of evidence eventually exceeded the state's bureaucratic capability and undermined officials' confidence in the instrumental value of the rule of law, leading administrators to enact legislation to suppress their political adversaries without reference to the courts. The judges' stance in this history was not one of progressive or sudden capitulation to the lawmakers' and executive's will, as is sometimes argued, but notably consistent throughout.