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Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan
Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan
Singapore International Dispute Resolution Academy
Purpose: This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China. Design/methodology/approach: Newspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions. Findings: The effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology. Research limitations/implications: There are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and …
The Belt And Road Initiative: Conflict Of Laws And Dispute Resolution, Veltrice Tan
The Belt And Road Initiative: Conflict Of Laws And Dispute Resolution, Veltrice Tan
Singapore International Dispute Resolution Academy
Purpose: This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China. Design/methodology/approach: Academic articles, case law and books are examined as are relevant reports by various regulatory authorities and organizations. Findings: Historically, Chinese courts have strictly adhered to “de facto reciprocity”, which made it difficult for foreign judgements to be recognized and enforced in China. Fortunately, Chinese courts have since abandoned their rigid adherence to de facto reciprocity, and have instead, used flexible tests of reciprocity such as de jure reciprocity, reciprocal commitment and reciprocal understand/consensus. Accordingly, this would facilitate the …
Law School News: Fateful Decisions Led To The War In Ukraine 04-25-2022, Gregory W. Bowman
Law School News: Fateful Decisions Led To The War In Ukraine 04-25-2022, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
Never Waste A Crisis: Anticorruption Reforms In South America, Rachel Brewster, Andres Ortiz
Never Waste A Crisis: Anticorruption Reforms In South America, Rachel Brewster, Andres Ortiz
Faculty Scholarship
In the midst of dramatic corruption scandals, South American countries have passed some of the most noteworthy anticorruption legislation in the region’s history. This Article examines the wave of anticorruption reforms and how international law, and in particular anticorruption treaties, has had an important influence on the content of these reforms. Specifically, this Article argues that that the OECD Anti-Bribery Working Group has acted as a political entrepreneur, advocating for specific and meaningful reforms. The influence of international law was critical in ensuring that the reforms adopted during these corruption scandals were robust and that the opportunity presented by these …
International Lawyers As Disrupters Of Corruption: Business And Human Rights In Africa’S Most Populous Country—Nigeria, Jayanth K. Krishnan
International Lawyers As Disrupters Of Corruption: Business And Human Rights In Africa’S Most Populous Country—Nigeria, Jayanth K. Krishnan
Articles by Maurer Faculty
Be it bribery, embezzlement, or the abuse of public trust, corruption poses a major challenge to global security and democratic governance, along with undermining the rule of law, especially within the Global South. Key to this phenomenon is understanding how lawyers are enabling but also disrupting this epidemic. Unfortunately, the literature on this subject is lacking. This study, therefore, offers a nuanced story of globalization and the complicated role that lawyers play in corruption, by relying on the case study of Nigeria—a crucial Global South market that has the largest population on the African continent. While Nigeria has been able …
Brazil's Olympic-Era Anti-Corruption Reforms, Andrew B. Spalding
Brazil's Olympic-Era Anti-Corruption Reforms, Andrew B. Spalding
Law Faculty Publications
A country once renowned for glorifying corruption now leads what may be the furthest-reaching anti-corruption investigation in history. Brazil, once typified by its "Brazilian jeitinho" way of creatively navigating social problems,' now executes "Operation Car Wash," bringing down political and business leaders by the dozens. So too has Brazil's Congress adopted a series of dramatic, and effective, new anti-corruption laws, in response to public outcries for reform. It is deeply ironic, but not at all coincidental, that Brazil concurrently hosted the Summer Olympics. This paper chronicles the extraordinary series of events that connect - in a line that is straight …
Corruption And Development: The Need Of International Investigations With A Multijurisdictional Approach And The Involvement Of Multilateral Development Banks With National Authorities, Juan Ronderos, Michelle Ratpan, Andrea Osorio Rincon
Corruption And Development: The Need Of International Investigations With A Multijurisdictional Approach And The Involvement Of Multilateral Development Banks With National Authorities, Juan Ronderos, Michelle Ratpan, Andrea Osorio Rincon
Osgoode Legal Studies Research Paper Series
The authors argue that while both Multilateral Development Banks (MDBs) and national governments have mechanisms to fight corruption, the outcomes of these enforcement mechanisms diverge. MDBs are interested in the causes and effects of corruption from a development perspective and, as such, tend to sanction Small and Medium Enterprises and individuals, while national governments are focused on a more punitive outcome, targeting larger multinational corporations. The article examines the enforcement objectives articulated in national legislation, namely the American Foreign and Corrupt Practices Act and its Canadian counterpart (the CFPOA) as well as several Canadian cases, on the one hand, and …
A Red Card For Fifa: Corruption And Scandal In The World’S Foremost Sports Association, Chance Esposito
A Red Card For Fifa: Corruption And Scandal In The World’S Foremost Sports Association, Chance Esposito
Law Student Publications
On a global scale, soccer (or as it is commonly called in most other countries “football”) is the most popular sport based on its numbers alone with over 250 million players. In recent years, the sport has become increasingly popular in nations or territories such as the United States. As a result of this increased interest, the sport and its governing organization, The Federation Internationale de Football Association (“FIFA”), has been thrown into the global media arena in the past two decades. Recently unearthed information, however, has put the actions of the organization at the center of controversy for alleged …
The Domestic And International Enforcement Of The Oecd Anti-Bribery Convention, Rachel Brewster
The Domestic And International Enforcement Of The Oecd Anti-Bribery Convention, Rachel Brewster
Faculty Scholarship
International corruption law is a growing, if understudied, area of international economic law. This Article examines two aspects of governments' enforcement of the OECD's Anti-Bribery Convention. The first aspect is the member state's efforts to enforce its own national legislation prohibiting foreign corruption within its territory and with regards to its nationals doing business abroad. The OECD Treaty's obligation concerning member states' enforcement of their own national legislation is somewhat ambiguous. While the obligation to pass particular national legislation is quite clear and specific, the treaty does not specify what resources that a state must dedicate to internally enforcing these …
Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i
Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. §201 (Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended to comply with the adoption of the OECD Convention on Combating Bribery of Foreign …
Enforcing International Corrupt Practices Law, Paul D. Carrington
Enforcing International Corrupt Practices Law, Paul D. Carrington
Faculty Scholarship
This Essay strives to advance the current international movement to
deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in “developing” nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.
Buying Our Way Out Of Corruption: Performace-Based Incentive Bonuses For Developing Country Politicians And Bureaucrats, Martin Skladany
Buying Our Way Out Of Corruption: Performace-Based Incentive Bonuses For Developing Country Politicians And Bureaucrats, Martin Skladany
Faculty Scholarly Works
No abstract provided.
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
This Article examines the legacy of the rule of geographical morality - that is the norm by which a citizen of the country in the North may engage in acts of corruption in any country in the South, including bribery and extortion, without the attachment of any moral condemnation to those acts. Part I of the Article begins by reviewing the impeachment trial of Warren Hastings, who served as Governor General of the Bengal from 1772-1785, on charges of bribery and corruption. It was during that impeachment proceeding when the words "principles of geographical morality" were used by, the prosectuor, …