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This book provides a unique interdisciplinary assessment of the global anti-corruption legal framework. It gathers top experts in different fields of both the academic and the professional world to analyse legal instruments in the attempt of establishing an interdisciplinary and comparative dialogue between theory and practice.
Part V Independent Institutions
This is a truly excellent book: wide-ranging, meticulous scholarship, very well written and easy to read. It should be on the desks of every senior civil servant, government lawyer and politician in every African country. After this book, there is no excuse for not having in place the necessary legal framework and equally important, for not using that legal framework to combat corruption.' - Patrick McAuslan, Birkbeck University of London, UK Drawing on numerous recent examples of good and bad practice from around the continent, this insightful volume explores the legal issues involved in developing and enhancing good governance and accountability within African states, as well as addressing the need for other states worldwide to demonstrate the 'transnational political will' to support these efforts. John Hatchard considers the need for good governance, accountability and integrity in both the public and private sector. He studies how these issues are reflected in both the African Union Convention on Preventing and Combating Corruption and the United Nations Convention Against Corruption. The book demonstrates that despite the vast majority of African states being party to these conventions, in practice, many of them continue to experience problems of bad governance, corporate bribery and the looting of state assets. It explores how the 'art of persuasion' can help develop the necessary political will through which to address these challenges at both the national and transnational levels. This unique and influential book will be of worldwide interest to those studying law, politics or business, as well as legal practitioners, policymakers, senior public officials, parliamentarians, law reformers, civil society organizations and the corporate sector. Contents Introduction 1. Setting the Scene: Law and Persuasion 2. Law and Governance in Africa: Supporting Integrity and Combating Corruption 3. Preventive Measures: Maintaining Integrity in the Public Service 4. When Things Go Wrong: Addressing Integrity Problems in the Public Service 5. Constitutions, Constitutional Rights and Combating Corruption: Exploring the Links 6. Investigating and Prosecuting Corruption Related Offences: Challenges and Realities 7. National Anti-corruption Bodies: A Key Good Governance Requirement? 8. Judges: Independence, Integrity and Accountability 9. Combating Corruption: 'Persuasion' and the Private Sector 10. Preventing the Looting of State Assets: Combating Corruption-Related Money Laundering 11. Preventing Public Officials from Enjoying their Proceeds of Corruption 12. Law, Political Will and the Art of Persuasion Bibliography Index
Labeling a person, institution or particular behavior as “corrupt” signals both political and moral disapproval and, in a functioning democracy, should stimulate inquiry, discussion, and, if the charge is well-founded, reform. This book argues, in a set of closely related chapters, that the political community and scholars alike have underestimated the extent of corruption in the United States and elsewhere and thus, awareness of wrong-doing is limited and discussion of necessary reform is stunted. In fact, there is a class of behaviors and institutions that are legal, but corrupt. They are accepted as legitimate by statute and practice, but they inflict very real social, economic, and political damage. This book explains why it is important to identify legally accepted corruption and provides a series of examples of corruption using this perspective.
The Prosecution and Defense of Public Corruption: The Law and Legal Strategies is the first comprehensive, practice-oriented treatment of the law of public corruption in the U.S. legal market.
The problem of corruption, however described, dates back thousands of years. Professionals working in areas such as development studies, economics and political studies, were the first to most actively analyse and publish on the topic of corruption and its negative impacts on economies, societies and politics. There was, at that time, minimal literature available on corruption and the law. The literature and discussion on bribery and corruption, as well as on the negative impact of each and what is required to address them, particularly in the legal context, are now considerable. Corruption and anti-corruption are multifaceted and multi-disciplinary. The focus now on the law and compliance, and perhaps commercial incentives, is relatively easy. However, corruption, anti-corruption and the motivations for them are complex. If we continue to discuss, debate, engage, address corruption and anti-corruption in our own disciplinary silos, we are unlikely to significantly progress the fight against corruption. What do terms such as 'culture of integrity', 'demand accountability', ‘transparency and accountability’ and ‘ethical corporate culture’ dominating the anti-corruption discourse mean, if anything, in other disciplines? If they are meaningless, what approach would practitioners in those other disciplines suggest be adopted to address corruption. What has their experience been in the field? How can the work of each discipline contribute to the work of whole and, as such, improve our work in and understanding of anti-corruption? This book seeks to answer these questions and to understand the phenomenon more comprehensively. It will be of value to researchers, academics, lawyers, legislators and students in the fields of law, anthropology, sociology, international affairs, and business.
Using anticorruption efforts in New York City to illustrate their argument, Anechiarico and Jacobs demonstrate the costly inefficiencies of pursuing absolute integrity. By proliferating dysfunctions, constraining decision makers' discretion, shaping priorities, and causing delays, corruption control - no less than corruption itself - has contributed to the contemporary crisis in public administration.
With the advance of an increasingly globalized market, the opportunities for, and scale of, corruption is growing. The size of corporations and their wealth relative to nations provides the resources for corrupt practices. The liberalization of international financial markets makes transferring and hiding the proceeds of corruption easier. Moves towards privatization in East and West are providing once-only incentives for corruption on an unprecedented scale, as officials not only deal with the income of the state, but with its assets as well. In this book, Transparency International's (TI) world-renowned 'Corruption Perception Index' (CPI) and 'Bribery Perception Index' (BPI) are explained and examined by a group of experts. They set out to establish to what extent they are reliable measures of corruption and whether a series of surveys can measure changes in corruption and the effectiveness of anti-corruption strategies. The book contains a variety of expert contributions which deal with the complexity, difficulty and potential for measuring corruption as the key to developing effective strategies for combating it.
The purpose of this book is to understand the rise, future and implications of two important new kinds of "integrity warriors" - official anti-corruption agencies (ACAs) and anti-corruption NGOs – and to locate them in a wider context and history of anti-corruption activity. Key issues of corruption and anti-corruption are discussed in an integrated and innovative way; through a number of country studies including Taiwan and South Korea, South East Europe, Fiji, Russia and the Baltic States. Some of the questions, used to examine the development of new anti-corruption actors, include: In what context were these born? How do they operate in pursuing their mission and mandate? How successful have they been in relation to expected results? To what extent are governmental and non governmental actors aware of each other and how far do they cooperate towards the common goal of fighting corruption? What explains the shift in emphasis after the end of the cold war, from national to international action? Governments, NGOs and Anti-Corruption will be of interest to students and scholars of corruption, public policy, political science, developmental studies and law. Luís de Sousa is an Associate Researcher at CIES-ISCTE, Portugal and Calouste Gulbenkian Fellow at the European University Institute, Italy. Barry Hindess is Emeritus Professor of Political Science at the Australian National University, Australia. Peter Larmour is a Reader in Public Policy and Governance at the Crawford School of Economics and Government, Australian National University, Australia.
Globalisation has opened new avenues to corruption. Corrupt practices are proliferating not only within national borders but across different countries. Despite many national and international anti-corruption bodies and strategies, corruption far from being eradicated. There is an urgent global demand for a better understanding of corruption as a phenomenon and a thorough assessment of the existing regulatory remedies, towards the establishment of more effective (and possibly uniform) anti-corruption measures. Our previous collection, Corruption in the Global Era (Routledge, 2019), analysed the causes, the sources, and the forms of manifestation of global corruption. An ideal continuation of that volume, this book moves from the analysis of the phenomenon of corruption to that of the regulatory remedies against corruption and for the promotion of integrity. Corruption, Integrity and the Law provides a unique interdisciplinary assessment of the global anti-corruption legal framework. The collection gathers top experts in different fields of both the academic and the professional world – including criminal law, EU law, international law, competition law, corporate law and ethics. It analyses legal instruments adopted not only at a supranational level but also by different countries, in the attempt of establishing an interdisciplinary and comparative dialogue between theory and practice and between different legal systems towards a better global promotion of integrity. This book will be of value to researchers, academics and students in the fields of law, criminology, sociology, economics, ethics as well as professionals – especially solicitors, barristers, businessmen and public servants.