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Full-Text Articles in Education
The Prosecution And Confiscation Of The Proceeds Of Illicit Enrichment, Bryane Michael
The Prosecution And Confiscation Of The Proceeds Of Illicit Enrichment, Bryane Michael
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
These training slides show prosecutors and judges how to find and recover the proceeds of corruption (under Macedonian law as a practical example).
Customs Facilitation And Anti-Corruption (Wco Presentation), Bryane Michael
Customs Facilitation And Anti-Corruption (Wco Presentation), Bryane Michael
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
This presentation reviews the findings of our paper "Do Customs Trade Facilitation Programmes Help Reduce Customs-Related Corruption?" presented in Abu Dhabi at the WCO meeting.
What Does Kosovo Teach Us About Using Human Rights Law To Prosecute Corruption Offences?, Bryane Michael
What Does Kosovo Teach Us About Using Human Rights Law To Prosecute Corruption Offences?, Bryane Michael
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
If a patient must pay a bribe to obtain life-saving surgery, does the doctor’s solicitation of a bribe represent a violation of the victim’s human rights? This paper explores the ways in which anti-corruption practitioners can look to various provisions in human rights law in order to prevent or prosecute corruption-related offences. We use Kosovo as a case study because its constitution gives direct effect to the major international human rights conventions. We find -- using Kosovo as a case study -- that some types of corruption lead to separately prosecutable human rights offences. We also find that pre-existing violations …
Raising Revenue Through Fighting Corruption In Customs, Bryane Michael
Raising Revenue Through Fighting Corruption In Customs, Bryane Michael
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
I gave this presentation at a WCO meeting in Brussels. Please contact for more accurate data on corruption estimates (I had to rescale some of the estimates for reasons of confidentiality).
Issues In Anti-Corruption Law: Can An Activist Regulatory Stance Overcome Legislative Problems In Preventive Anti-Corruption Agencies Like Montenegro’S?, Bryane Michael
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
Article 6 of the UN Convention Against Corruption requires that signatory states establish an anti-corruption agency (or agencies) responsible for preventing corruption. However, the Convention – and legal scholarship in general – provides little direction about how such agencies should be organised. Moreover, the piece-meal nature of anti-corruption legislation in most developing countries makes the efficient operation of such agencies difficult to impossible. This article argues that regulatory instruments can help overcome the inherent weaknesses of legislative governing many anti-corruption agencies. Using the Montenegro’s Directorate for Anti-Corruption Initiatives (DACI), I show how the design of a regulation – relying on …
When Eu Law Meets Arabic Law: Assessment Of Anti-Corruption Law In Morocco And Some Proposed Amendments, Bryane Michael, Abdelaziz Nouaydi
When Eu Law Meets Arabic Law: Assessment Of Anti-Corruption Law In Morocco And Some Proposed Amendments, Bryane Michael, Abdelaziz Nouaydi
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
This article reviews the present state of the adoption of anti-corruption legal provisions usually adopted in EU (or candidate) countries in Morocco. Morocco lags behind many countries in its adoption of anti-corruption legislation and the recently established Central Agency of the Prevention of Corruption is unlikely to succeed in speeding up the adoption of these measures. English language translations of a number of Moroccan anti-corruption legal instruments are presented and amendments to these legal instruments are recommended (based on international best practice) in order to increase the likely effectiveness of Moroccan law enforcement institutions in fighting corruption.