Search Results for "corruption-economic-analysis-and-international-law"

Corruption

Corruption

Economic Analysis and International Law

  • Author: Marco Arnone,Leonardo S. Borlini
  • Publisher: Edward Elgar Publishing
  • ISBN: 178100613X
  • Category: Social Science
  • Page: 648
  • View: 1170
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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

Corruption

Corruption

Economic Analysis and International Law

  • Author: Marco Arnone,Leonardo S. Borlini
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781849802666
  • Category: Law
  • Page: 630
  • View: 2758
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'Although corruption has affected human society since its very birth with different intensity over time, it is not confined to any particular geographic region, country, social or political system or culture. Recently there has been widespread international determination to effectively curb such crime. Corruption: Economic Analysis and International Law by Marco Arnone and Leonardo Borlini reviews the richness and complexity of the ongoing research on corruption and shows the value of integrating a comprehensive economic understanding of its consequences and a critical assessment of the several legal instruments promoted by major intergovernmental organizations on this issue. This approach is particularly timely because, on the bright side, this book shows that economic crises may lead to greater social responsiveness in the face of attempts to drain public resources through corruption and bribery. the use of a wide range of economic models and the acute analysis of the contemporary evolution of traditional institutions belonging to the realm of international and European law represent two additional values of this work. Finally, the personal commitment of both authors to scientific research and professional activity related to public governance and anti-corruption reforms make this book a valuable source for further thought and analysis for scholars, public servants and practitioners.' - Giorgio Sacerdoti, Professor of International and European Law, Bocconi University and former President of the WTO Appellate Body and Vice President of the OECD Working Group on Corruption

Corruption and Human Rights Law in Africa

Corruption and Human Rights Law in Africa

  • Author: Kolawole Olaniyan
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782254528
  • Category: Law
  • Page: 337
  • View: 2481
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This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.

International Handbook on the Economics of Corruption

International Handbook on the Economics of Corruption

  • Author: Susan Rose-Ackerman,Tina Søreide
  • Publisher: Edward Elgar Publishing
  • ISBN: 0857936522
  • Category: Political Science
  • Page: 624
  • View: 9912
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ÔVolume Two of the International Handbook on the Economics of Corruption presents a comprehensive, detailed, and in-depth analysis of corruption as well as its economic and policy implications. . . It will be a valuable resource not only for experts and students of corruption studies, but also for public officials, NGO employees, and scholars of economic and political development throughout the world.Õ Ð Ararat L. Osipian, Journal of Economic Issues A companion volume to the International Handbook on the Economics of Corruption published in 2006, the specially commissioned papers in Volume Two present some of the best policy-oriented research in the field. They stress the institutional roots of corruption and include new research on topics ranging from corruption in regulation and procurement to vote buying and private firm payoffs. Understanding the consequences of corrupt transactions requires one to know what is being bought with a bribe and how the behavior of public and private actors has been affected. The contributors therefore emphasize how the economic analysis of corruption must take account of the broader context within which bribery and self-dealing operate. Several chapters offer new approaches to empirical research on corruption that range from individual-level data to the macro-economy. Chapters with an explicit policy focus deal with the efficacy of anti-corruption agencies, multi-stakeholder initiatives, red flag warning systems and international conventions. This cutting-edge work will be an unmatched resource for scholars and students of corruption, professionals in international aid and finance organizations, and scholars and professionals with more general interests in economic and political development.

Institutions, Governance and the Control of Corruption

Institutions, Governance and the Control of Corruption

  • Author: Kaushik Basu,Tito Cordella
  • Publisher: Springer
  • ISBN: 3319656848
  • Category: Business & Economics
  • Page: 402
  • View: 852
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This book considers how emerging economies around the world face the challenge of building good institutions and effective governance, since so much of economic development depends on having these in place. The promotion of shared prosperity and the battle against poverty require interventions to reach out to the poor and the disadvantaged. Yet time and again we have seen such effort foild or diminished by corruption and leakage. The creation of good governance and institutions and structures to combat corruption require determination and passion but also intricate design rooted in data, analysis, and research. In this book, leading researchers from around the world bring to the table some of the best available ideas to help create better governance structures, design laws for corruption control, and nurture good institutions.

Research Handbook on International Law and Natural Resources

Research Handbook on International Law and Natural Resources

  • Author: Elisa Morgera,Kati Kulovesi
  • Publisher: Edward Elgar Publishing
  • ISBN: 1783478330
  • Category: Law
  • Page: 568
  • View: 4439
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Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.

Anti-Corruption in International Development

Anti-Corruption in International Development

  • Author: Ingrida Kerusauskaite
  • Publisher: Routledge
  • ISBN: 1351272020
  • Category: Political Science
  • Page: 246
  • View: 6380
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Corruption is linked to a wide range of developmental issues, including undermining democratic institutions, slowing economic development and contributing to government instability, poverty and inequality. It is estimated that corruption costs more than 5 per cent of global GDP, and that more than one trillion US dollars are paid in bribes each year. This book unpacks the concept of corruption, its political and ethical influences, its measurement, commitments to combat corruption and ways that this is being attempted. Building on the research on the nature, causes and consequences of corruption, this book analyses international anti-corruption interventions in particular. It discusses approaches to focus efforts to tackle corruption in developing countries on where they are most likely to be successful. The efforts of the UK are considered as a detailed case study, with comparisons brought in as necessary from other countries’ and multilateral institutions’ anti-corruption efforts. Bridging a range of disciplines, Anti-Corruption in International Development will be of interest to students and scholars of international development, public administration, management, international relations, politics and criminal justice.

Greed, Corruption, and the Modern State

Greed, Corruption, and the Modern State

Essays in Political Economy

  • Author: Susan Rose-Ackerman,Paul Lagunes
  • Publisher: Edward Elgar Publishing
  • ISBN: 1784714704
  • Category: Political Science
  • Page: 384
  • View: 937
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What makes the control of corruption so difficult and contested? Drawing on the insights of political science, economics and law, the expert contributors to this book offer diverse perspectives. One group of chapters explores the nature of corruption in democracies and autocracies, and “reforms” that are mere facades. Other contributions examine corruption in infrastructure, tax collection, cross-border trade, and military procurement. Case studies from various regions – such as China, Peru, South Africa and New York City – anchor the analysis with real-world situations. The book pays particular attention to corruption involving international business and the domestic regulation of foreign bribery.

Handbook of Global Research and Practice in Corruption

Handbook of Global Research and Practice in Corruption

  • Author: Adam Graycar,Russell G. Smith
  • Publisher: Edward Elgar Publishing
  • ISBN: 1849805032
  • Category: Political Science
  • Page: 520
  • View: 500
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'Graycar and Smith's excellent edited volume studies corruption as a pervasive, global phenomenon. The chapters move from general overviews to in-depth studies of corruption-prone sectors such as forestry, financial markets, public procurement, and trade in diamonds and art. The volume is an important, contribution to the international study of corruption that mixes scholarly analysis with practical recommendations for the control and prevention of corruption – both international initiatives and country – or sector-specific policies.' – Susan Rose-Ackerman, Yale Law School, US 'Corruption is on top of the agendas of practitioners and scholars in public administration all over the world. This volume addresses questions no one can neglect and comes up with answers we should not miss.' – Leo Huberts, VU University Amsterdam, The Netherlands 'This Handbook will serve as an invaluable resource for scholars, students and public officials interested in understanding corruption and its control.' – James B. Jacobs, NYU School of Law, US Corruption is a global phenomenon with costs estimated to be in the trillions of dollars. This source of original research and policy analysis deals with the most important concepts and empirical evidence in foreign corrupt practices globally. Handbook of Global Research and Practice in Corruption includes research from all continents and provides a critical analysis of the key issues of corruption and its control. Through rigorous analysis and theoretical foundations, this book provides a multi-disciplinary and international account of corruption from the perspectives of public policy, criminal law and criminology, as well as considering principles of prevention and control in both the public and private sectors. With original and empirical analyses, this unique book will appeal to academics, researchers and students in international business and international law, staff of crime and corruption commissions and police integrity agencies, as well as international organisations such as the World Bank, IMF, Transparency International and the World Economic Forum.

Corruption and Criminal Justice

Corruption and Criminal Justice

Bridging Economic and Legal Perspectives

  • Author: Tina Søreide
  • Publisher: Edward Elgar Publishing
  • ISBN: 1784715980
  • Category: Law
  • Page: 288
  • View: 8592
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Criminal law efficiency is a concept often referred to but seldom defined. Clarity, the author argues, is necessary for finding practical solutions to fundamental challenges in this area of law, especially with the criminal justice system itself at risk. Tina Søreide offers views in contrast to mainstream ideas on optimal criminal law responses to corruption, with emphasis on the fundamental role of the criminal justice system in the fight against corruption, and the effect this can have on other mechanisms in society. Her analysis explains the concept of criminal law efficiency through economic approaches and why many criminal law responses to corruption are at risk of becoming ‘façade strategies’ that may, in fact facilitate corruption. Corruption and Criminal Justice offers insights into the obstacles that policymakers and government advisors cannot ignore. It serves as an invaluable resource for advanced students and academics interested in law, economics, and large corporations.

Bounded Rationality and Economic Diplomacy

Bounded Rationality and Economic Diplomacy

The Politics of Investment Treaties in Developing Countries

  • Author: Lauge N. Skovgaard Poulsen
  • Publisher: Cambridge University Press
  • ISBN: 1107119537
  • Category: Business & Economics
  • Page: 264
  • View: 3856
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Examines how developing countries often sign up to highly potent rules underwriting economic globalisation without even realising it.

Corruption in Commercial Enterprise

Corruption in Commercial Enterprise

Law, Theory and Practice

  • Author: Liz Campbell,Nicholas Lord
  • Publisher: Routledge
  • ISBN: 1351602217
  • Category: Law
  • Page: 294
  • View: 6115
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This edited collection analyses, from multiple disciplinary perspectives, the issue of corruption in commercial enterprise across different sectors and jurisdictions. Corruption is commonly recognised as a major ‘social bad’, and is seriously harmful to society, in terms of the functioning and legitimacy of political-economic systems, and the day-to-day lives of individuals. There is nothing novel about bribes in brown envelopes and dubious backroom deals, ostensibly to grease the wheels of business. Corrupt practices like these go to the very heart of illicit transacting in both legal markets – such as kickbacks to facilitate contracts in international commerce – and illegal markets – such as payoffs to public officials to turn a blind eye to cross-border smuggling. Aside from the apparent pervasiveness and longevity of corruption in commercial enterprise, there is now renewed policy and operational attention on the phenomenon, prompting and meriting deeper analysis. Corruption in commercial enterprise, encompassing behaviours often associated with corporate and white-collar crime, and corruption in criminal commercial enterprise, where we see corruption central to organised crime activities, are major public policy issues. This collection gives us insight into their nature, organisation and governance, and how to respond most appropriately and effectively.

Fighting Corruption in Public Procurement

Fighting Corruption in Public Procurement

A Comparative Analysis of Disqualification or Debarment Measures

  • Author: Sope Williams-Elegbe
  • Publisher: Bloomsbury Publishing
  • ISBN: 178225014X
  • Category: Law
  • Page: 356
  • View: 4006
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Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts. This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts. The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank.

Corruption and Conflicts of Interest

Corruption and Conflicts of Interest

A Comparative Law Approach

  • Author: Jean-Bernard Auby,Emmanuel Breen,Thomas Perroud
  • Publisher: Edward Elgar Publishing
  • ISBN: 178100935X
  • Category: Law
  • Page: 352
  • View: 765
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As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative an

International Anti-Corruption Norms

International Anti-Corruption Norms

Their Creation and Influence on Domestic Legal Systems

  • Author: Cecily Rose
  • Publisher: Oxford University Press, USA
  • ISBN: 0198737211
  • Category: Corruption
  • Page: 288
  • View: 1839
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This book traces 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 non-binding instruments that have no relationship with multilateral treaties. The creation of international anti-corruption norms through non-binding instruments and informal institutions has the potential to privilege the interests of powerful states in ways that raise questions about the normative 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 demonstrated a capacity to influence domestic legal systems that is comparable to, if not greater than, that of binding treaties. With corruption and money laundering at the forefront of political debate, International Anti-Corruption Norms provides timely expertise on how states and international institutions grapple with these global problems.

Regulating Corporate Bribery in International Business

Regulating Corporate Bribery in International Business

Anti-corruption in the UK and Germany

  • Author: Dr Nicholas Lord
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409470571
  • Category: Law
  • Page: 208
  • View: 963
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This book is about the regulation of corporations that use bribery in international commerce to win or maintain overseas business contracts and interests. Recent large-scale cases involving multinational corporations demonstrate how large commercial ‘non-criminal’ enterprises are being implicated in substantive overseas bribery scandals and illustrate the difficulties faced by responsible enforcement authorities in the UK and Germany. The book imports concepts from regulation theory to aid our understanding of the emerging enforcement, self-regulatory and hybrid responses to transnational corporate bribery. Lord implements a qualitative, comparative research strategy involving semi-structured interviews, participant observation and document analysis to provide empirical insights into this relatively invisible area of criminological interest. Despite significant cultural differences between the jurisdictions, this book argues that UK and German anti-corruption authorities face procedural, evidential, legal, financial and structural difficulties that are leading to convergence in prosecution policies. Although self-regulatory and hybrid mechanisms are aiding the response and gaining some level of regulation, the default position is one of accommodation by state agencies, even where the will to enforce the law is high. This book is essential reading for academics and students researching corporate and white-collar crimes and the concept of regulation more generally, as well as law enforcement agencies and international and intergovernmental organisations concerned with anti-corruption.

Public International Law and the Regulation of Diplomatic Immunity in the Fight Against Corruption

Public International Law and the Regulation of Diplomatic Immunity in the Fight Against Corruption

  • Author: N.A
  • Publisher: PULP
  • ISBN: 0986985791
  • Category: Corruption
  • Page: 218
  • View: 1694
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The Regulation of International Trade

The Regulation of International Trade

The Wto Agreements on Trade in Goods

  • Author: Petros C. Mavroidis
  • Publisher: MIT Press
  • ISBN: 0262029995
  • Category: Business & Economics
  • Page: 888
  • View: 5944
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The General Agreement on Tariffs and Trade (GATT) has extended its institutional arsenal since the Kennedy round in the early 1960s. The current institutional design is the outcome of the Uruguay round and agreements reached in the ongoing Doha round (begun in 2001). One of the institutional outgrowths of GATT is the World Trade Organization (WT0), created in 1995. In this book, Petros Mavroidis offers a detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. Each chapter examines a given legal norm and its subsequent practice. In particular, he discusses agreements dealing with customs clearance; "contingent protection" instruments, which allow WTO members unilaterally to add to the negotiated amount of protection when a certain contingency (for example, dumping) has occurred; TBT (Technical Barriers to Trade) and SPS (Sanitary and Phyto-sanitary Measures) agreements, both of which deal with such domestic instruments as environmental, health policy, or consumer information; the agreement on Trade Related Investment Measures (TRIM); sector-specific agreements on agriculture and textiles; plurilateral agreements (binding a subset of WTO membership) on government procurement and civil aviation; and transparency in trade relations. This book's companion volume examines the GATT regime for international trade.

Corruption

Corruption

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: 589
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Based on the author's thesis (Ph. D.)--Maastricht University.

Corruption, Inequality, and the Rule of Law

Corruption, Inequality, and the Rule of Law

The Bulging Pocket Makes the Easy Life

  • Author: Eric M. Uslaner
  • Publisher: Cambridge University Press
  • ISBN: 1139472372
  • Category: Political Science
  • Page: 345
  • View: 746
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Corruption flouts rules of fairness and gives some people advantages that others don't have. Corruption is persistent; there is little evidence that countries can escape the curse of corruption easily - or at all. Instead of focusing on institutional reform, in this book Eric M. Uslaner suggests that the roots of corruption lie in economic and legal inequality, low levels of generalized trust (which are not readily changed), and poor policy choices (which may be more likely to change). Economic inequality provides a fertile breeding ground for corruption, which, in turn, leads to further inequalities. Just as corruption is persistent, inequality and trust do not change much over time, according to Uslaner's cross-national aggregate analyses. He argues that high inequality leads to low trust and high corruption, and then to more inequality - an inequality trap - and identifies direct linkages between inequality and trust in surveys of the mass public and elites in transition countries.