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Author: Lindy Muzila Publisher: ISBN: 9780821394540 Category : International law Languages : en Pages : 0
Book Description
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
Author: Lindy Muzila Publisher: ISBN: 9780821394540 Category : International law Languages : en Pages : 0
Book Description
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
Author: Vera Gowlland-Debbas Publisher: BRILL ISBN: 9004502874 Category : Law Languages : en Pages : 422
Book Description
The reactivation of the Security Council at the beginning of the last decade has resulted, since the invasion of Kuwait by Iraq on August 2, l990, in increasing use of its powers under Chapter VII of the Charter and the adoption of measures against a number of state and non-state entities. The notion of a threat to the peace has now come to encompass violations of fundamental norms of international law such as human rights and humanitarian law, and the wide-ranging measures adopted have included such innovations as the establishment of the UN Compensation Commission or that of the two international criminal tribunals for Former Yugoslavia and Rwanda. These measures have not only infringed on the legal rights of the targeted state (sometimes with irreversible effects where they have remained in force over a long period of time) and its population, but also on those of implementing states and of private rights within these states. The current debate over the legitimacy and long-term effects of economic sanctions on states and their populations makes it imperative to re-evaluate this instrument and the broader peace maintenance function of the Security Council in the light of current community concerns. Part One of this book addresses the theoretical issues by focussing on: 1) The place of sanctions in the international legal system; 2) the limits to the powers of the Security Council and the question of accountability; and 3) an assessment of the alternatives to collective economic sanctions. Part Two looks at the relationship between sanctions and humanitarian issues, examining the relationship between: 1) Sanctions and human rights law; 2) sanctions, humanitarian issues and mandates; and 3) sanctions and humanitarian law. Part Three focuses on implementation by states of Security Council sanctions resolutions by examining: 1) Sanctions and private rights; and 2) special problems for implementing states. Part Four addresses the future in reassessing the place and ethics of sanctions in an international legal system which is giving increased importance to the individual. This work is based on papers presented at a colloquium of the Graduate Institute of International Studies in Geneva.
Author: Carolyn Côté-Lussier Publisher: University of Ottawa Press ISBN: 0776628720 Category : Social Science Languages : en Pages : 396
Book Description
Contemporary Criminological Issues tackles some of today’s most pressing social issues, from the criminalization of Indigenous peoples to interpersonal violence, border control, and armed conflicts. This book advances cutting-edge theories and methods, with the aim of moving beyond the scholarship that reproduces insecurity and exclusion. The breadth of approaches encompasses much of the current critical criminological scholarship, serving as a counterpoint to the growth of managerial and administrative criminologies and the rise of explicitly exclusionary and punitive state policies and practices with respect to ‘crime’ and ‘security.’ This edited collection featuring two books, one in English and one in French, includes important contributions to knowledge and public policy by eminent experts and emerging scholars. This book is published in English.
Author: Maurice Joly Publisher: Lexington Books ISBN: 9780739106990 Category : History Languages : en Pages : 426
Book Description
Joly's (1831-78) Dialogue aux enfers entre Machiavel et Montesquieu is the major source of one of the world's most infamous and damaging forgeries, The Protocols of the Elders of Zion. That, however, was concocted some two decades after he died, and American political scientist Waggoner points to Joly's own text for evidence that he was not anti-semitic and was an intransigent enemy of the kind of tyranny the forgery served during the 1930s. He translates the text and discusses Joly's intentions in writing it and his contribution to the understanding of modern politics. Annotation copyrighted by Book News, Inc., Portland, OR.
Author: Martin S. Staum Publisher: McGill-Queen's Press - MQUP ISBN: 0773566244 Category : History Languages : en Pages : 359
Book Description
In theory the CMPS was set up to enshrine the human and social studies that were at the heart of Enlightenment culture. Staum illustrates, however, that the Institute helped transform key ideas of the Enlightenment in order to maintain civil rights while upholding social stability, and that the social and political assumptions on which it was based affected notions of social science. He traces the careers of individual members and the factions within the Institute, arguing that the discord within the CMPS reflects the unravelling of Enlightenment culture. Minerva's Message presents a valuable overview of the intellectual life of the period and brings together new evidence about the social sciences in their nascent period.
Author: Martine Evans Publisher: Rowman & Littlefield ISBN: 1498581668 Category : Social Science Languages : en Pages : 430
Book Description
Using France as a case study, contributors from around the world explore the factors that create violent extremists, including criminogenic needs, violence-supportive cognition, religious beliefs, identity uncertainty or fusion, the quest for significance, and social and political influences. They present a multidisciplinary and evidenced-based analysis of how and why violent extremism has reappeared as a contemporary issue and provide theoretical and practical approaches to responding to and, when possible, intervening, using deradicalization programs, deterrent and preventive legislations, prison segregation, and permanent monitoring.
Author: Aurelian Crăiuțu Publisher: Lexington Books ISBN: 9780739106587 Category : History Languages : en Pages : 364
Book Description
This work is an examination of the French Doctrinaires, a largely neglected group of liberal thinkers in post-revolutionary France who were proponents of a nuanced sociological and historical approach to political theory. It explores the Doctrinaires' ideas on the French Revolution.
Author: Thoko Kaime Publisher: PULP ISBN: 0981442048 Category : African Charter on the Rights and Welfare of the Child Languages : en Pages : 260
Book Description
The African Charter on the Rights and Welfare of the Child: A socio-legal perspectiveby Thoko Kaime2009ISBN: 978-0-9814420-4-4Pages: xii 247Print version: AvailableElectronic version: Free PDF available.
Author: Lindy Muzila
Author: Lindy Muzila
Author: Guy S. Goodwin-Gill
Author: Vera Gowlland-Debbas
Author: Carolyn Côté-Lussier
Author: Maurice Joly
Author: Martin S. Staum
Author: Martine Evans
Author: Frederic Bastiat
Author: Aurelian Crăiuțu
Author: Thoko Kaime