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Corruption
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 and Conflicts of Interest
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
Sanctions Regimes of Multilateral Development Banks
In Sanctions Regimes of Multilateral Development Banks: What Process is Due, Jelena Madir examines the type of due process rights that should characterise sanctions regimes of multilateral development banks (MDBs). By benchmarking against comparable regimes, including the jurisprudence of the European Court of Human Rights and administrative tribunals of international organisations, the author analyses the extent to which MDBs’ sanctions regimes should be bound by the rules of law, analogous to those of national judicial bodies, and the level of due process and transparency that should be required from these ever-evolving regimes that are generally immune from judicial review. The book should be of use to scholars, practicing lawyers and legal advisers in government and international organisations, as well as to lawyers whose practice concerns global sanctions and MDBs’ privileges and immunities.
Legal Advisers in International Organizations
This unique book presents an in-depth analysis of the provision of legal advice at international organizations. It elucidates the dual role of legal advisers as representatives of their organization and as international civil servants acting as protectors and promoters of international law.
Negotiated Settlements in Bribery Cases
This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
Good Governance and Modern International Financial Institutions
This first volume of the AIIB Yearbook of International Law (AYIL), edited by Peter Quayle and Xuan Gao, is based upon the inaugural 2017 AIIB Legal Conference, both titled, Good Governance and Modern International Financial Institutions (IFIs). Following a Preface by the General Counsel of the AIIB and General Editor of AYIL, Gerard Sanders, and an Introduction by the Editors, this volume of AYIL draws upon expertise from other IFIs, international law and governance practitioners, and eminent academics. It is divided into three parts to reflect a series of dimensions to the good governance of IFIs. Firstly, the role of the membership of IFIs as expressed through their executive governance o...
Left Out of the Bargain
Over the past decade, countries have increasingly used settlements that is, any procedure short of a full trial to conclude foreign bribery cases and have imposed billions in monetary sanctions. There exists a gap in knowledge, however, regarding settlement practices around the world and the disposition of these monetary sanctions notably through the lens of recovery of stolen assets. Left out of the Bargain, a study by the Stolen Asset Recovery Initiative (StAR), provides an overview of settlement practices by civil and common law countries that have been active in the fight against foreign bribery. Using the United Nations Convention against Corruption (UNCAC) as its point of reference, th...
Public Wrongs, Private Actions
Over the last decade, the topics of corruption and recovery of its proceeds have steadily risen in the international policy agenda, with the entry into force of the United Nations Convention against Corruption (UNCAC) in 2005, the Arab Spring in 2011, and most recently a string of scandals in the financial sector. As states decide how best to respond to corruption and recover assets, the course of action most often discussed is criminal investigation and prosecution rather than private lawsuits. But individuals, organizations, and governments harmed by corruption are also entitled to recover lost assets and/or receive compensation for the damage suffered. To accomplish these goals of recovery and compensation, private or 'civil' actions are often a necessary and useful complement to criminal proceedings. This study explores how states can act as private litigants to bring lawsuits to recover assets lost to corruption.
The Transnationalization of Anti-Corruption Law
The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addr...
Taxing Crime
Taxing Crime: A Whole-of-Government Approach to Fighting Corruption, Money Laundering, and Tax Crimes examines how tax audits and investigations can lead to uncovering white-collar crime and how investigations of corruption can, in turn, lead to prosecutions of tax evasion or recovery of unpaid taxes. Prepared jointly by the World Bank and the United Nations Office on Drugs and Crime (UNODC) Stolen Asset Recovery Initiative (StAR) and the Global Tax Policy Center at the Institute for Austrian and International Tax Law, Vienna University of Economics and Business, this report offers analysis, case studies, examples of legal and operational frameworks, and recommendations that policy makers ca...
