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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.
This second edition of State of Implementation of the United Nations Convention against Corruption: Criminalization, Law Enforcement and International Cooperation, which was launched during the 7th session of the Conference of the States Parties (Vienna, 6-10 November 2017).The study is based on the findings and results emanating from the first cycle reviews of the implementation of the Convention by 156 States parties (2010-2015). It contains a comprehensive analysis of the implementation of chapters III (Criminalization and law enforcement) and IV (International cooperation) of the Convention. More specifically, the study: (a) identifies and describes trends and patterns in the implementation of the above-mentioned chapters, focusing on systematic or, where possible, regional commonalities and variations; (b) highlights successes and good practices on the one hand, and challenges in implementation on the other; (c) provides an overview of the emerging understanding of the Convention and differences in the reviews, where they have been encountered.
An invaluable Book dealing with United Nations Convention Against Corruption (UNCAC), in force from December 2005, including its evolution, and related UN Convention Against Transnational Organize Crime. UNCAC - is an international legal instrument dealing with combating fraud, corruption and economic crime in public and private sectors, including political leaders and lackeys. Author discloses the formation of International Association of Anti-Corruption Authorities (IAACA), in Beijing in October 2006, with Inaugural Address by Chinese President, Hu Jintao. IAACA promotes and facilitates implementation globally of UNCAC, supported by United Nations Office on Drugs & Crime (UNODC). He reveals his endeavours to combat fraud, corruption and economic crime, prior to UNCAC. He demonstrates that whilst fraud and corruption, as endorsed by international research, is a major issue confronting people, how political leaders stride to power exploiting their anguish by committing to combat fraud and corruption, but once in power get bogged down in the quagmire of fraud and corruption, peddled by their lackeys, financing them. Disclosing real instances, he demonstrates how countries, having ratified UNCAC, are not honouring its obligations, but blatantly violating with impunity its obligations; he highlights dire need for international endeavour to deal with political leaders, pillaging and plundering the resources of people plunging them into abject poverty, as crimes against humanity. SAARC leaders acknowledge people in Asia are enslaved in abject poverty, and propound prosperity is not monopoly of a few, but are not committed to combat fraud and corruption. He reveals how World Bank and international agencies pontificate on combating fraud and corruption, but continue to fraternize with fraudulent and corrupt miscreants, demonstrating that mere rhetoric, only subverts UNCAC - an indispensable handbook for those combating fraud, corruption and economic crime.
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.
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
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.