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

Author: Radha Ivory
Publisher:
ISBN: 9781316078143
Category :
Languages : en
Pages : 408

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

Author: Radha Ivory
Publisher: Cambridge University Press
ISBN: 1316061590
Category : Political Science
Languages : en
Pages : 407

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Book Description
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.

Author: Radha Ivory
Publisher: Cambridge University Press
ISBN: 1107058503
Category : Law
Languages : en
Pages : 407

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

Author:
Publisher: World Bank Publications
ISBN: 082137902X
Category : Law
Languages : en
Pages : 284

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Book Description
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.

Author: Jean-Pierre Brun
Publisher: World Bank Publications
ISBN: 0821386352
Category : Business & Economics
Languages : en
Pages : 286

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Book Description
This handbook is designed as a 'how-to' manual that guides practitioners as they grapple with the strategic, organizational, investigative, and legal challenges of recovering assets that have been stolen by corrupt leaders and hidden abroad.

Author: Kolawole Olaniyan
Publisher: Oxford University Press
ISBN: 0192867830
Category :
Languages : en
Pages : 401

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Book Description
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.

Author: Mark Pieth
Publisher: Peter Lang
ISBN: 9783039115839
Category : Business & Economics
Languages : en
Pages : 428

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Book Description
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.

Author: Jean-Pierre Brun
Publisher: World Bank Publications
ISBN: 1464803706
Category : Business & Economics
Languages : en
Pages : 158

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Book Description
Over the last decade, the topics of corruption and recovery of its proceeds have steadily risen in the international policy agenda, with the entry into force of the United Nations Convention against Corruption (UNCAC) in 2005, the Arab Spring in 2011, and most recently a string of scandals in the financial sector. As states decide how best to respond to corruption and recover assets, the course of action most often discussed is criminal investigation and prosecution rather than private lawsuits. But individuals, organizations, and governments harmed by corruption are also entitled to recover lost assets and/or receive compensation for the damage suffered. To accomplish these goals of recovery and compensation, private or 'civil' actions are often a necessary and useful complement to criminal proceedings. This study explores how states can act as private litigants to bring lawsuits to recover assets lost to corruption.

Author: Mark Pieth
Publisher: Edward Elgar Publishing
ISBN: 1802206493
Category : Law
Languages : en
Pages : 459

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Book Description
Presenting the broad spectrum of interdisciplinary academic research on corruption, this essential reference book examines anti-corruption legislation, governance mechanisms, international instruments, and other preventative measures intended to tackle corruption. Including over 100 entries and adopting a comprehensive approach to researching and combating corruption, this Encyclopedia covers the key ideas, concepts, and theories in corruption law.

Author: Katalin Ligeti
Publisher: Bloomsbury Publishing
ISBN: 1509912053
Category : Law
Languages : en
Pages : 397

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Book Description
The fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions. This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets – particularly money – cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders. The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.