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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
Can we know the risks we face, now or in the future? No, we cannot; but yes, we must act as if we do. Some dangers are unknown; others are known, but not by us because no one person can know everything. Most people cannot be aware of most dangers at most times. Hence, no one can calculate precisely the total risk to be faced. How, then, do people decide which risks to take and which to ignore? On what basis are certain dangers guarded against and others relegated to secondary status? This book explores how we decide what risks to take and which to ignore, both as individuals and as a culture.
This textbook includes all 13 chapters of Français interactif. It accompanies www.laits.utexas.edu/fi, the web-based French program developed and in use at the University of Texas since 2004, and its companion site, Tex's French Grammar (2000) www.laits.utexas.edu/tex/ Français interactif is an open acess site, a free and open multimedia resources, which requires neither password nor fees. Français interactif has been funded and created by Liberal Arts Instructional Technology Services at the University of Texas, and is currently supported by COERLL, the Center for Open Educational Resources and Language Learning UT-Austin, and the U.S. Department of Education Fund for the Improvement of Post-Secondary Education (FIPSE Grant P116B070251) as an example of the open access initiative.
This new edition of a landmark study of the law of restitution has been substantially revised and updated. Concentrating on structural principles rather than detailed rules, the book is an invaluable guide to this difficult area of law.
Much orthodox economic theory is based on assumptions which are treated as self-evident: supply and demand are regarded as independent entities, the individual is assumed to be a rational agent who knows his interests and how to make decisions corresponding to them, and so on. But one has only to examine an economic transaction closely, as Pierre Bourdieu does here for the buying and selling of houses, to see that these abstract assumptions cannot explain what happens in reality. As Bourdieu shows, the market is constructed by the state, which can decide, for example, whether to promote private housing or collective provision. And the individuals involved in the transaction are immersed in symbolic constructions which constitute, in a strong sense, the value of houses, neighbourhoods and towns. The abstract and illusory nature of the assumptions of orthodox economic theory has been criticised by some economists, but Bourdieu argues that we must go further. Supply, demand, the market and even the buyer and seller are products of a process of social construction, and so-called ‘economic' processes can be adequately described only by calling on sociological methods. Instead of seeing the two disciplines in antagonistic terms, it is time to recognize that sociology and economics are in fact part of a single discipline, the object of which is the analysis of social facts, of which economic transactions are in the end merely one aspect. This brilliant study by the most original sociologist of post-war France will be essential reading for students and scholars of sociology, economics, anthropology and related disciplines.
This introductory booklet is intended to be used by creative individuals and business entrepreneurs both (1) as a tool to understand the specifics of the creative market and the major challenges facing creative enterprises in terms of financing, marketing or managing intellectual property assets, and (2) as a practical guide to assist managers and creators in addressing these challenges and setting up and running viable creative businesses.
Defending ethics in sport is vital in order to combat the problems of corruption, violence, drugs, extremism and other forms of discrimination it is currently facing. Sport reflects nothing more and nothing less than the societies in which it takes place. However, if sport is to continue to bring benefits for individuals and societies, it cannot afford to neglect its ethical values or ignore these scourges. The major role of the Council of Europe and the Enlarged Partial Agreement on Sport (EPAS) in addressing the new challenges to sports ethics was confirmed by the 11th Council of Europe Conference of Ministers responsible for Sport, held in Athens on 11 and 12 December 2008. A political impetus was given on 16 June 2010 by the Committee of Ministers, with the adoption of an updated version of the Code of Sports Ethics (Recommendation CM/Rec(2010)9), emphasising the requisite co-ordination between governments and sports organisations. The EPAS prepared the ministerial conference and stepped up its work in an international conference organised with the University of Rennes, which was attended by political leaders, athletes, researchers and officials from the voluntary sector. The key experiences described in the conference and the thoughts that it prompted are described in this publication. All the writers share the concern that the end result should be practical action - particularly in terms of the setting of standards - that falls within the remit of the EPAS and promotes the Council of Europe's core values.
The worldwide depression of the 1990s, coupled with the reforms to insolvency law in the UK, has brought about the need for a better understanding of the way in which the insolvency process operates. A critique on insolvency law, this book relates that analysis to the real issues faced by practitioners who deal with domestic or foreign cases. Subjects covered in the volume are wide-ranging and include personal insolvency and family law; retention of title; cross-border issues; and rescue of insolvent companies. The examination of the last of these areas brings together the approaches of several jurisdictions outside the UK to the issues of when insolvent companies or those heading for insolvency should be saved from liquidation. As an example, knowledge of the procedure for company rescue under Chapter 11 of the US Bankruptcy Code is essential if a practitioner is to advise on the problems of collapse of a multi-national conglomerate. This collection of papers was originally presented as part of the W.G. Hart Workshop on Insolvency Law given at the Institute of Advanced Legal Studies in July 1991. The papers have been edited and updated to form this work on the operation of the insolvency process in the UK and abroad.