Ownership of Proceeds of Corruption in International Law
Ownership of Proceeds of Corruption in International Law

Author: Kolawole Olaniyan

Publisher: Oxford University Press

Published: 2023-11-21

Total Pages: 401

ISBN-13: 0192867830

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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.

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

Author: Radha Ivory

Publisher: Cambridge University Press

Published: 2014-08-21

Total Pages: 407

ISBN-13: 1316061590

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In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights. Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters. In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, global economic inequality, and the suppression of transnational crime.

Corruption
Corruption

Author: Marco Arnone

Publisher: Edward Elgar Publishing

Published: 2014-05-30

Total Pages: 659

ISBN-13: 178100613X

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Economic analysis is also the key to measuring the efficacy of current anti-corruption instruments, and in the light of this the book finds many existing legal counter-measures lacking. On the other hand, its assessment of new international instruments

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

Author: OECD

Publisher: OECD Publishing

Published: 2019-03-10

Total Pages: 224

ISBN-13: 9264677852

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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.

The Foreign Corrupt Practices Act and the New International Norms
The Foreign Corrupt Practices Act and the New International Norms

Author: Stuart H. Deming

Publisher: American Bar Association

Published: 2010

Total Pages: 822

ISBN-13: 9781604426045

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This book provides an in-depth analysis of the FCPA and significantly expands upon the first with critical updates reflecting the latest developments of the Act; a broader and more expansive analysis of the FCPA, including those aspects that relate directly to Sarbanes-Oxley; and a detailed analysis of the debarment practices associated with the anti-corruption policies of the World Bank Group.

Grand Corruption
Grand Corruption

Author: Robert I. Rotberg

Publisher: Taylor & Francis

Published: 2024-08-30

Total Pages: 305

ISBN-13: 1040117511

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This book examines the nature, causes, and consequences of grand corruption, showing how it can be assessed, measured, and attacked from within and without. The volume brings together in a single, definitive text some of the best analyses on how to measure the costs of grand corruption and dissects the legal approaches and institutions to counter grand corruption and kleptocracy. Through a series of compelling country case studies, the book explores how corrupt political elites and public officials have stolen from the public purse for personal gain at the expense of their own people and their country’s social and economic development. It also highlights the role of financial and legal intermediaries in the West in laundering these ill-gotten gains. The volume then explores the impact of existing legal constraints on controlling corruption, some of which are still in the evolutionary stage of development. It draws lessons from different national attempts to control corruption as well as regional and international initiatives. The final section of the volume discusses a variety of new anti-corruption initiatives, including efforts to establish an International Anti-Corruption Court. This book will be of much interest to students of grand corruption, global governance, foreign policy, international law, and international relations.

The Detection of Foreign Bribery
The Detection of Foreign Bribery

Author: OECD

Publisher: OECD Publishing

Published: 2017-12-12

Total Pages: 164

ISBN-13: 9264368140

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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.

The Puppet Masters
The Puppet Masters

Author: Emile van der Does de Willebois

Publisher: World Bank Publications

Published: 2011-11-01

Total Pages: 230

ISBN-13: 0821388967

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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.

Recovering Stolen Assets
Recovering Stolen Assets

Author: Mark Pieth

Publisher: Peter Lang

Published: 2008

Total Pages: 428

ISBN-13: 9783039115839

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Development efforts will remain frustrated so long as corrupt leaders continue to steal their countries' wealth and dispose of these ill-gotten gains in foreign jurisdictions. The prevention of such looting, and the recovery of the stolen assets are thus critical development issues and a cornerstone of the United Nations Convention against Corruption (2003) (UNCAC). However, to date experience with asset recovery is limited, and a number of legal and other obstacles continue to impede progress. This is the first comprehensive work on asset recovery, written by renowned practitioners and academics representing different legal systems and countries, all of whom have extensive experience in the asset recovery field. The authors notably discuss the 'success stories' of the past (the recovery of the assets of Sani Abacha, Ferdinand Marcos and Vladimiro Montesinos) and the concrete challenges for the future with regard to search, seizure, confiscation and repatriation of stolen assets. The book also provides perspectives on the role of technical assistance and donors in asset recovery and the likely impact of the UNCAC.

Stolen Asset Recovery
Stolen Asset Recovery

Author:

Publisher: World Bank Publications

Published: 2009

Total Pages: 284

ISBN-13: 082137902X

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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.