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In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual’s right to be presumed innocent. Unfortunately, the recent spate of international legislation against official ...
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This book offers new ways of thinking about corruption by examining the two distinct ways in which policy approaches and discourse on corruption developed in the UN and the OECD. One of these approaches extrapolated transnational bribery as the main form of corrupt practices and advocated a limited scope offense, while the other approach tackled the broader structure of the global economic system and advocated curbing the increasing power of multinational corporations. Developing nations, in particular Chile, initiated and contributed much to these early debates, but the US-sponsored issue of transnational bribery came to dominate the international agenda. In the process, the ‘corrupt corporation’ was supplanted by the ‘corrupt politician’, the ‘corrupt public official’ and their international counterpart: the ‘corrupt country’. This book sheds light on these processes and the way in which they reconfigured our understanding of the state as an economic actor and the multinational corporation as a political actor.
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