Corruption Asset Recovery And The Protection Of Property In Public International Law

Author : Radha Ivory
Publisher :
ISBN 13 : 9781316073407
Total Pages : 408 pages
Book Rating : 4.08/5 ( download)

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Download or read book Corruption, Asset Recovery, and the Protection of Property in Public International Law written by Radha Ivory and published by . This book was released on 2014-08-29 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 1316061590
Total Pages : 407 pages
Book Rating : 4.96/5 ( download)

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Download or read book Corruption, Asset Recovery, and the Protection of Property in Public International Law written by Radha Ivory and published by Cambridge University Press. This book was released on 2014-08-21 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 1107058503
Total Pages : 407 pages
Book Rating : 4.07/5 ( download)

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Download or read book Corruption, Asset Recovery, and the Protection of Property in Public International Law written by Radha Ivory and published by Cambridge University Press. This book was released on 2014-08-21 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 082137902X
Total Pages : 284 pages
Book Rating : 4.28/5 ( download)

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Download or read book Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Marco Arnone
Publisher : Edward Elgar Publishing
ISBN 13 : 178100613X
Total Pages : 659 pages
Book Rating : 4.39/5 ( download)

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Download or read book Corruption written by Marco Arnone and published by Edward Elgar Publishing. This book was released on 2014-05-30 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Cecily Rose
Publisher : Oxford University Press
ISBN 13 : 0192528300
Total Pages : 699 pages
Book Rating : 4.08/5 ( download)

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Download or read book The United Nations Convention Against Corruption written by Cecily Rose and published by Oxford University Press. This book was released on 2019-01-24 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Mark Pieth
Publisher : Peter Lang
ISBN 13 : 9783039115839
Total Pages : 428 pages
Book Rating : 4.39/5 ( download)

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Download or read book Recovering Stolen Assets written by Mark Pieth and published by Peter Lang. This book was released on 2008 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 1464816174
Total Pages : 348 pages
Book Rating : 4.78/5 ( download)

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Download or read book Asset Recovery Handbook written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2021-02-08 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Kolawole Olaniyan
Publisher : Oxford University Press
ISBN 13 : 0192867830
Total Pages : 401 pages
Book Rating : 4.34/5 ( download)

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Download or read book Ownership of Proceeds of Corruption in International Law written by Kolawole Olaniyan and published by Oxford University Press. This book was released on 2023-11-21 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Jean-Paul Brun
Publisher : World Bank Publications
ISBN 13 : 1464803706
Total Pages : 158 pages
Book Rating : 4.03/5 ( download)

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Download or read book Public Wrongs, Private Actions written by Jean-Paul Brun and published by World Bank Publications. This book was released on 2015 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.