Their Creation and Influence on Domestic Legal Systems

Author: Cecily Rose

Publisher: OUP Oxford

ISBN: 0191057061

Category: Law

Page: 280

View: 464

The creation of international anti-corruption norms through non-binding instruments and informal institutions can privilege the interests of powerful states and raise questions about the legitimacy of these institutions and the instruments they produce. At the same time, the anti-corruption instruments created under the auspices of these institutions also show that non-binding instruments and informal institutions carry significant advantages. The non-binding instruments in the anti-corruption field have a clear capacity to influence domestic legal systems that is comparable to, if not greater than, that of binding treaties. This book examines the creation of international anti-corruption norms by states and other actors through four markedly different institutions: the Organisation for Economic Co-operation and Development, the United Nations, the Extractive Industries Transparency Initiative, and the Financial Action Task Force. Each of these institutions oversees an international instrument that requires states to combat corruption - yet only the United Nations oversees anti-corruption norms that take the sole form of a binding multilateral treaty. The OECD has, by contrast, fostered the development of the binding 1997 OECD Anti-Bribery Convention, as well as non-binding recommendations and guidance associated with treaty itself. In addition, the revenue transparency and anti-money laundering norms developed through the Extractive Industries Transparency Initiative and the Financial Action Task Force, respectively, take the form of the non-binding instruments that have no relationship with multilateral treaties. With corruption at the forefront of political debate, International Anti-Corruption Norms provides timely guidance on the burgeoning debate surrounding international finance and natural resources extraction, as well as other forms of modern-day corruption, and the most effective methods of tackling these global political issues.
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Author: Neil Boister

Publisher: Oxford University Press

ISBN: 0198795998

Category: International criminal law

Page: 512

View: 7866

National borders are permeable to all types of illicit action and contraband goods, whether it is trafficking humans, body parts, digital information, drugs, weapons, or money. Whilst criminals exist in a borderless world where territorial boundaries allow them to manipulate different markets in illicit goods, the authorities who pursue them can remain constrained inside their own jurisdictions. In a new edition of his ground-breaking work, Boister examines how states must cooperate to tackle some of the greatest security threats in this century so far, analyses to what extent vested interests have determined the course of global policy and law enforcement, and illustrates how responding to transnational crime itself becomes a form of international relations which reorders global political power and becomes, at least in part, an end in itself. Arguing that transnational criminal law is currently geared towards suppressing criminal activity, but is not as committed to ensuring justice, Boister suggests that it might be more strongly influenced by individual moral panics and a desire for criminal retribution than an interest in ensuring a proportional response to offences, protection of human rights, and the preservation of the rule of law.
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Author: Mikkel Jarle Christensen,Neil Boister

Publisher: BRILL

ISBN: 9004365796

Category: Law

Page: 124

View: 8870

The special issue contributes new perspectives on the structure of transnational criminal justice. Investigating the law, politics and practices that structure the dynamics of this form of justice, the contributions critically examine how it functions and has impact.
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Economic Analysis and International Law

Author: Marco Arnone,Leonardo S. Borlini

Publisher: Edward Elgar Publishing

ISBN: 178100613X

Category: Social Science

Page: 648

View: 3391

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
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A Violation of Human Rights and a Crime Under International Law?

Author: Martine Boersma

Publisher: Intersentia Uitgevers N V

ISBN: 9781780681054

Category: Law

Page: 491

View: 568

Based on the author's thesis (Ph. D.)--Maastricht University.
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Legal and Judicial Reform in Governance Operations

Author: Calin Trenkov-Wermuth

Publisher: N.A


Category: Law

Page: 226

View: 1841

"At the end of the 20th century, and at the dawn of the 21st, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means."--Publisher's description.
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A Commentary

Author: Mark Pieth,Lucinda A. Low,Nicola Bonucci

Publisher: Cambridge University Press

ISBN: 1107656931

Category: Law

Page: 896

View: 9320

The OECD Convention on Bribery established an international standard for compliance with anti-corruption rules, and has subsequently been adopted by the thirty-four OECD members and six non-member countries. As a result of the Convention and national implementation laws, companies and managers now risk tough sanctions if they are caught bribing foreign officials. The UK Bribery Act 2010 is only one example of this development. The second edition of this, the only commentary on the Convention, provides law practitioners, company lawyers and academic researchers with comprehensive guidance on the OECD standards. It includes case examples as well as the FCPA Resource Guide 2012 and the 2009 OECD Recommendation for Further Combating Bribery of Foreign Public Officials with Annexes I and II.
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Theoretical Perspectives on Corruption

Author: Gjalt Graaf,Patrick Maravic,Pieter Wagenaar

Publisher: Verlag Barbara Budrich

ISBN: 3866496028

Category: Political Science

Page: 204

View: 1408

Money makes the world go round - corruption The book presents the state of the art in studying the causes of corruption from a comparative perspective. Leading scholars in the field of corruption analysis shed light on the issue of corruption from different theoretical perspectives. Understanding how different theories define, conceptualize, and eventually deduce policy recommendations will amplify our understanding of the complexity of this social phenomenon and illustrate the spectrum of possibilities to deal with it analytically as well as practically.
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Author: M. Marcussen,J. Torfing

Publisher: Springer

ISBN: 0230596282

Category: Political Science

Page: 326

View: 2281

In Northern and Western Europe, and within the EU, governance networks are increasingly conceived as an efficient and legitimate way of formulating and implementing public policy in a complex, differentiated and multilayered world. This book assesses the recent experiences with governance at local, national and transnational levels
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The Enigma of European Power

Author: Z. Laïdi

Publisher: Springer

ISBN: 023061406X

Category: Political Science

Page: 179

View: 5993

Can Europe defend its social model in a globalized world when the US, China, India and Russia are enhancing their national sovereignties and playing power politics? This original and informative book addresses such questions and considers if Europe, although it is not a 'super state', would be able to impose norms over force.
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Author: Junji Nakagawa

Publisher: Oxford University Press, USA

ISBN: 0199604665

Category: Law

Page: 391

View: 7929

With the advancing globalization of the world economy, domestic economic regulations are becoming more and more subject to efforts at international harmonization. This book presents an analysis of this worldwide phenomenon from both a legal and a politico-economic perspective by focusing on (1) the backgrounds and objectives of international harmonization, (2) the negotiating processes involved, and (3) the impact of harmonization on domestic laws and their administration. International harmonization is discussed in a wide range of cases including trade-related regulations, technical standards and food safety standards, intellectual property rights, labor standards, competition law and policy, financial regulations, and regulations concerning transnational economic crime. Drawing on a wide range of materials and applying a unified analytical framework based on theoretical as well as practical observations, the book surveys this much debated topic in a comprehensive and accessible way. It thus contributes to a better understanding of both the chances and the challenges of globalization and global governance today.
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Author: Institute for International Economics (U.S.)

Publisher: Peterson Institute

ISBN: 9780881322330

Category: Business & Economics

Page: 244

View: 7383

The OECD convention outlawing bribery of foreign public officials is welcome evidence of how much progress has been made in the battle against corruption. The financial crisis in East Asia is an indication of how much remains to be done. Corruption is by no means a new issue, but it has only recently emerged as a global issue. As the global implications of corruption have grown, so has the impetus for international action to combat it.
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From Antiquity to the Modern Era

Author: Guy Geltner

Publisher: Oxford University Press

ISBN: 0198809972


Page: 448

View: 7598

Anticorruption in History is a timely and urgent book: corruption is widely seen today as a major problem we face as a global society, undermining trust in government and financial institutions, economic efficiency, the principle of equality before the law and human wellbeing in general.Corruption, in short, is a major hurdle on the "path to Denmark" a feted blueprint for stable and successful statebuilding. The resonance of this view explains why efforts to promote anticorruption policies have proliferated in recent years. But while the subject of corruption and anticorruption hascaptured the attention of politicians, scholars, NGOs and the global media, scant attention has been paid to the link between corruption and the change of anticorruption policies over time and place, with the attendant diversity in how to define, identify and address corruption.Economists, political scientists and policy-makers in particular have been generally content with tracing the differences between low-corruption and high-corruption countries in the present and enshrining them in all manner of rankings and indices. The long-term trends - social, political, economic,cultural - potentially undergirding the position of various countries plays a very small role. Such a historical approach could help explain major moments of change in the past as well as reasons for the success and failure of specific anticorruption policies and their relation to a country's image(of itself or as construed from outside) as being more or less corrupt. It is precisely this scholarly lacuna that the present volume intends to begin to fill.The book addresses a wide range of historical contexts: Ancient Greece and Rome, Medieval Eurasia, Italy, France, Great Britain and Portugal as well as studies on anticorruption in the Early Modern and Modern era in Romania, the Ottoman Empire, the Netherlands, Germany, Denmark, Sweden and theformer German Democratic Republic.
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Author: Carlos A. Manfroni,Richard S. Werksman

Publisher: Lexington Books

ISBN: 9780739105481

Category: Political Science

Page: 180

View: 8120

This work examines and comments on the first international agreement aimed exclusively at fighting corruption in the Western Hemisphere. It explains the sense and consequences of each specific commitment, adopted by the countries belonging to the Organization of American States.
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Rule-of-Law Promotion and Norm Translation

Author: Lisbeth Zimmermann

Publisher: Cambridge University Press

ISBN: 1316773140

Category: Political Science

Page: N.A

View: 7405

To what extent are global rule-of-law norms, which external actors promote in post-conflict states, localized? Who decides whether global standards or local particularities prevail? This book offers a new approach to the debate about how the dilemma between the diffusion of global norms and their localization is dealt with in global politics. Studying the promotion of children's rights, access to public information, and an international commission against impunity in Guatemala, Lisbeth Zimmermann demonstrates that rule-of-law promotion triggers domestic contestation and thereby changes the approach taken by external actors, and ultimately the manner in which global norms are translated. However, the leeway in local translation is determined by the precision of global norms. Based on an innovative theoretical approach and an in-depth study of rule-of-law translation, Zimmermann argues for a shift in norm promotion from context sensitivity to democratic appropriation, speaking to scholars of international relations, peacebuilding, democratization studies, international law, and political theory.
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What Can be Done?

Author: Jacques Hallak,Muriel Poisson

Publisher: United Nations Educational

ISBN: 9789280312966

Category: Education

Page: 319

View: 4316

This publication draws conclusions from IIEP's research into ethics and corruption in education. It defines the key concepts of corruption, transparency, accountability and ethics and identifies the main opportunities for corruption in education. It then looks at tools that can be used to assess corruption problems such as perception and tracking surveys. Lessons are drawn from strategies used worldwide to improve transparency and accountability in educational management.
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Creating Virtuous Circles of Anti-corruption

Author: Alina Mungiu-Pippidi,Michael Johnston

Publisher: Edward Elgar Publishing

ISBN: 1786439158


Page: 320

View: 4061

Why have so few countries managed to leave systematic corruption behind, while in many others modernization is still a mere façade? How do we escape the trap of corruption, to reach a governance system based on ethical universalism? In this unique book, Alina Mungiu-Pippidi and Michael Johnston lead a team of eminent researchers on an illuminating path towards deconstructing the few virtuous circles in contemporary governance. The book combines a solid theoretical framework with quantitative evidence and case studies from around the world. While extracting lessons to be learned from the success cases covered, Transitions to Good Governance avoids being prescriptive and successfully contributes to the understanding of virtuous circles in contemporary good governance.
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Essays on Law and Morality

Author: Joseph Raz

Publisher: Oxford University Press on Demand

ISBN: 0199573565

Category: Law

Page: 340

View: 7930

Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values.
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Author: Markos Karavias

Publisher: Oxford University Press

ISBN: 0199674388

Category: Law

Page: 228

View: 4110

The international legal status of corporations is a contentious issue, as they do not easily fit within a system traditionally designed around states. This book assesses the ways in which corporations are bound by international human rights and environmental law, and the form their obligations take.
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