Ownership Of Proceeds Of Corruption In International Law

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Ownership of Proceeds of Corruption in International Law

Kolawole Olaniyan
Ownership of Proceeds of Corruption in International Law Book PDF

Author : Kolawole Olaniyan
Publisher : Oxford University Press
Page : 401 pages
File Size : 45,9 Mb
Release : 2023-11-21
Category : Electronic
ISBN : 9780192867834

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Ownership of Proceeds of Corruption in International Law by Kolawole Olaniyan Pdf

Recovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. However, people's sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resources - and by extension, the proceeds of corruption - should be exclusively exercised by states. Olaniyan's Ownership of Proceeds of Corruption in International Law examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. Focusing on victims of corruption, the book argues that victim-states' populations ought to be empowered to pursue grand corruption and asset recovery actions against their governments. It proposes theoretical and legal remedies for recovering proceeds of corruption, encouraging the development of domestic laws.

Global Corruption

Gerry Ferguson
Global Corruption Book PDF

Author : Gerry Ferguson
Publisher : Unknown
Page : 0 pages
File Size : 46,7 Mb
Release : 2017
Category : Administrative Law
ISBN : OCLC:1026999019

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Global Corruption by Gerry Ferguson Pdf

This book has been specifically created to make it easier for professors to offer a law school course on global corruption. It is issued under a creative commons license and can be used for free in whole or in part for non-commercial purposes. The first chapter sets out the general context of global corruption: its nature and extent, and some views on its historical, social, economic and political dimensions. Each subsequent chapter sets out international standards and requirements in respect to combating corruption - mainly in the UN Convention Against Corruption (UNCAC) and the OECD Bribery of Foreign Officials Convention (OECD Convention). The laws of the United States and United Kingdom are then set out as examples of how those Convention standards and requirements are met in two influential jurisdictions. Finally, the law of Canada is set out. Thus, a professor from Africa, Australia, New Zealand or English speaking countries in Asia and Europe has a nearly complete coursebook - for example, that professor can delete the Canadian sections of this book and insert the law and practices of his or her home country in their place. While primarily directed to a law school course on global corruption, this book will be of interest and use to professors teaching courses on corruption from other academic disciplines and to lawyers and other anti-corruption practitioners.

Corruption, Asset Recovery, and the Protection of Property in Public International Law

Radha Ivory
Corruption Asset Recovery and the Protection of Property in Public International Law Book PDF

Author : Radha Ivory
Publisher : Cambridge University Press
Page : 407 pages
File Size : 47,6 Mb
Release : 2014-08-21
Category : Law
ISBN : 9781107058507

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Corruption, Asset Recovery, and the Protection of Property in Public International Law by Radha Ivory Pdf

A human rights analysis of international efforts to confiscate wealth in grand corruption cases that focuses on protections for property.

Stolen Asset Recovery

Anonim
Stolen Asset Recovery Book PDF

Author : Anonim
Publisher : World Bank Publications
Page : 284 pages
File Size : 41,6 Mb
Release : 2009
Category : Law
ISBN : 9780821379028

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Stolen Asset Recovery by Anonim Pdf

This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

State of Implementation of the United Nations Convention Against Corruption

United Nations
State of Implementation of the United Nations Convention Against Corruption Book PDF

Author : United Nations
Publisher : UN
Page : 290 pages
File Size : 51,6 Mb
Release : 2018-03-08
Category : Political Science
ISBN : 9211303486

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State of Implementation of the United Nations Convention Against Corruption by United Nations Pdf

This second edition of State of Implementation of the United Nations Convention against Corruption: Criminalization, Law Enforcement and International Cooperation, which was launched during the 7th session of the Conference of the States Parties (Vienna, 6-10 November 2017).The study is based on the findings and results emanating from the first cycle reviews of the implementation of the Convention by 156 States parties (2010-2015). It contains a comprehensive analysis of the implementation of chapters III (Criminalization and law enforcement) and IV (International cooperation) of the Convention. More specifically, the study: (a) identifies and describes trends and patterns in the implementation of the above-mentioned chapters, focusing on systematic or, where possible, regional commonalities and variations; (b) highlights successes and good practices on the one hand, and challenges in implementation on the other; (c) provides an overview of the emerging understanding of the Convention and differences in the reviews, where they have been encountered.

The Puppet Masters

Emile van der Does de Willebois,J.C. Sharman,Robert Harrison,Ji Won Park,Emily Halter
The Puppet Masters Book PDF

Author : Emile van der Does de Willebois,J.C. Sharman,Robert Harrison,Ji Won Park,Emily Halter
Publisher : World Bank Publications
Page : 230 pages
File Size : 43,8 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780821388969

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The Puppet Masters by Emile van der Does de Willebois,J.C. Sharman,Robert Harrison,Ji Won Park,Emily Halter Pdf

This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.

Resolving Foreign Bribery Cases with Non-Trial Resolutions Settlements and Non-Trial Agreements by Parties to the Anti-Bribery Convention

OECD
Resolving Foreign Bribery Cases with Non Trial Resolutions Settlements and Non Trial Agreements by Parties to the Anti Bribery Convention Book PDF

Author : OECD
Publisher : OECD Publishing
Page : 221 pages
File Size : 55,5 Mb
Release : 2019-03-10
Category : Electronic
ISBN : 9789264677852

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Resolving Foreign Bribery Cases with Non-Trial Resolutions Settlements and Non-Trial Agreements by Parties to the Anti-Bribery Convention by OECD Pdf

Non-trial resolutions, often referred to as settlements, have been the predominant means of enforcing foreign bribery and other related offences since the entry into force of the OECD Anti-Bribery Convention 20 years ago. The last decade has seen a steady increase in the use of coordinated multi-jurisdictional non-trial resolutions, which have, to date, permitted the highest global amount of combined financial penalties in foreign bribery cases. This study is the first cross-country examination of the different types of resolutions that can be used to resolve foreign bribery cases.

Asset Recovery Handbook

Jean-Pierre Brun,Anastasia Sotiropoulou,Larissa Gray,Clive Scott
Asset Recovery Handbook Book PDF

Author : Jean-Pierre Brun,Anastasia Sotiropoulou,Larissa Gray,Clive Scott
Publisher : World Bank Publications
Page : 348 pages
File Size : 51,5 Mb
Release : 2021-02-08
Category : Business & Economics
ISBN : 9781464816178

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Asset Recovery Handbook by Jean-Pierre Brun,Anastasia Sotiropoulou,Larissa Gray,Clive Scott Pdf

Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.

International Drivers of Corruption A Tool for Analysis

OECD
International Drivers of Corruption A Tool for Analysis Book PDF

Author : OECD
Publisher : OECD Publishing
Page : 108 pages
File Size : 51,8 Mb
Release : 2012-02-23
Category : Electronic
ISBN : 9789264167513

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International Drivers of Corruption A Tool for Analysis by OECD Pdf

This report introduces an analytical tool to help readers understand how international drivers of corruption affect governance and corruption at the country level. It provides a means for identifying these drivers and suggests opportunities for international actors to to improve governance.

The United Nations Convention Against Corruption

Cecily Rose,Michael Kubiciel,Oliver Landwehr
The United Nations Convention Against Corruption Book PDF

Author : Cecily Rose,Michael Kubiciel,Oliver Landwehr
Publisher : Oxford University Press
Page : 699 pages
File Size : 42,9 Mb
Release : 2019-01-24
Category : Law
ISBN : 9780192528308

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The United Nations Convention Against Corruption by Cecily Rose,Michael Kubiciel,Oliver Landwehr Pdf

The United Nations Convention against Corruption includes 71 articles, and takes a notably comprehensive approach to the problem of corruption, as it addresses prevention, criminalization, international cooperation, and asset recovery. Since it came into force more than a decade ago, the Convention has attracted nearly universal participation by states. As a global and comprehensive convention, which establishes new rules in several areas of anti-corruption law and helps shape domestic laws and policies around the world, this treaty calls for scholarly study. This volume helps to fill a gap in existing academic literature by providing an invaluable reference work on the Convention. It provides systematic coverage of the treaty, with each chapter discussing the relevant travaux préparatoires, the text of the final article, comparisons with other anti-corruption treaties, and available information about domestic implementing legislation and enforcement. This commentary is designed to serve as a reference work for academics, lawyers, and policy-makers working in the anti-corruption field, and in the fields of transnational criminal law and domestic criminal law. Contributors include anti-corruption experts, scholars, and legal practitioners from around the globe.

The Detection of Foreign Bribery

OECD
The Detection of Foreign Bribery Book PDF

Author : OECD
Publisher : OECD Publishing
Page : 160 pages
File Size : 44,8 Mb
Release : 2017-12-12
Category : Electronic
ISBN : 9789264368149

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The Detection of Foreign Bribery by OECD Pdf

The OECD Anti-Bribery Convention focuses on enforcement through the criminalisation of foreign bribery but it is multidisciplinary and includes key requirements to combat money laundering, accounting fraud, and tax evasion connected to foreign bribery. The first step, however, in enforcing foreign bribery and related offences is effective detection. This study looks at the primary sources of detection for the foreign bribery offence and the role that certain public agencies and private sector actors can play in uncovering this crime. It examines the practices developed in different sectors and countries which have led to the successful detection of foreign bribery with a view to sharing good practices and improving countries’ capacity to detect and ultimately step-up efforts against transnational bribery. The study covers a wide range of potential sources for detecting foreign bribery: self-reporting; whistleblowers and whistleblower protection; confidential informants and cooperating witnesses; media and investigative journalism; tax authorities; financial intelligence units; other government agencies; criminal and other legal proceedings; international co-operation and professional advisers.

Corruption and Human Rights Law in Africa

Kolawole Olaniyan
Corruption and Human Rights Law in Africa Book PDF

Author : Kolawole Olaniyan
Publisher : Bloomsbury Publishing
Page : 286 pages
File Size : 42,9 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254539

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Corruption and Human Rights Law in Africa by Kolawole Olaniyan Pdf

This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.

The Liability of Legal Persons for Foreign Bribery A Stocktaking Report

OECD
The Liability of Legal Persons for Foreign Bribery A Stocktaking Report Book PDF

Author : OECD
Publisher : OECD Publishing
Page : 128 pages
File Size : 45,8 Mb
Release : 2016-12-09
Category : Electronic
ISBN : 9789264940963

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The Liability of Legal Persons for Foreign Bribery A Stocktaking Report by OECD Pdf

This report presents a chronology and a “mapping” of the features of the systems for liability of legal persons found in Parties to the OECD Anti-Bribery Convention.

On the Take

Lindy Muzila
On the Take Book PDF

Author : Lindy Muzila
Publisher : Unknown
Page : 0 pages
File Size : 48,8 Mb
Release : 2012
Category : International law
ISBN : 0821394541

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On the Take by Lindy Muzila Pdf

Despite broad international recognition of the criminalization of illicit enrichment, it has not been universally accepted as an anti-corruption measure. Instead, criminalization of illicit enrichment continues to generate extensive debate and controversy. Against this background, this volume aims to provide an analysis of how illicit enrichment works, and attempts to shed light on any contributions that it has made to the fight against corruption and the recovery of stolen assets. Rather than delving into the theoretical and academic debates around illicit enrichment, this study focuses primarily on the analysis of current practice, case law, and existing literature to offer a new perspective to the on-going discussions. More specifically, the volume addresses the legal framework upon which the concept of illicit enrichment rests, and the resulting policy implications of that legal framework. It also focuses on illicit enrichment as an anti-corruption mechanism, from its roots as a response to the problems inherent to prosecutions involving corruption, to an examination of elements and inchoate offenses relating to illicit enrichment under international conventions. It examines illicit enrichment jurisprudence in the global context. An extensive survey was carried out to determine the countries where the offense exists, what form it takes, how often it is used, and for countries where it doesn't, what other measures are used in its place. The authors neither recommend nor oppose the adoption of illicit enrichment provisions, but rather aim to assist jurisdictions considering such steps by highlighting key questions that might arise during implementation, including how the offense is defined and enforced domestically by States. Similarly, the authors do not endorse nor criticize any practice carried out by States in the implementation of the criminalization of illicit enrichment. Ultimately, it is also hoped that this study provides a basis for further discussion amongst policy makers and practitioners, and fuels upcoming discussions by the Conference of State parties of the UNCAC and its Working Groups

Left Out of the Bargain

Jacinta Anyango Oduor,Stolen Asset Recovery Initiative
Left Out of the Bargain Book PDF

Author : Jacinta Anyango Oduor,Stolen Asset Recovery Initiative
Publisher : World Bank Publications
Page : 182 pages
File Size : 49,9 Mb
Release : 2014
Category : Business & Economics
ISBN : 9781464800863

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Left Out of the Bargain by Jacinta Anyango Oduor,Stolen Asset Recovery Initiative Pdf

It is a conservative estimate that every year, through corruption, between 20 billion dollars and 40 billion dollars are diverted from developing countries and find safe haven in foreign jurisdictions. In several countries that are party to the Organization for Economic Co-operation and Development (OECD) anti-bribery convention, a very high proportion of cases of foreign bribery and related offenses have been resolved short of a full trial. Anticorruption practitioners and policy makers in countries where officials were allegedly bribed have (along with other interested stakeholders) therefore raised concerns about whether settlements might impede their own criminal or enforcement investigations and affect the liability of multinational companies in third countries. This study seeks to fill knowledge gap by: (i) informing policy makers and practitioners about the frameworks for settlements in various legal systems, (ii) examining settlements in practice and their implications for international cooperation, and (iii) analyzing how settlements relate to asset recovery in foreign bribery cases. An additional goal is to inform the general public (including civil society organizations) about these frameworks. This study describes and analyzes, both qualitatively and quantitatively, settlements in cases of foreign bribery and related offenses, and their implications for international cooperation and asset recovery. This report is structured as follows: chapter one adopts a broad definition of settlements as various procedures short of trials and analyzes the legal frameworks in a number of civil and common law countries. Chapter two traces the general trends and developments in settlements and considers the rationale for settlements. Chapter three analyzes the impact of settlements in one jurisdiction on pending and future investigations in other countries. Chapter four explores the link between asset recovery and settlements through the lens of United Nations Convention against Corruption (UNCAC). Chapter five offers conclusions. Chapter six presents detailed summaries of 14 significant cases.