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Comparative and Foreign Law

Corruption

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Rethinking The Rule Of Law As Antidote To African Development Challenges, Joseph M. Isanga Jan 2012

Rethinking The Rule Of Law As Antidote To African Development Challenges, Joseph M. Isanga

Faculty Scholarship

Undoubtedly, human rights and the rule of law will continue to remain important in addressing a host of international issues. But, when it comes to development on the African Continent, the need to seek broader solutions has never been more urgent Africa's development challenges are extremely complex as they involve deep historical, geographic, ethnic, social, economic, and legal issues that call for multi-faceted approaches and will continue to defy monolithic solutions. Seizing upon indicators of opportunity, some important international actors, such as the United States, may now be more willing to engage in broader approaches. This chapter first critically ...


Enforcing International Corrupt Practices Law, Paul D. Carrington Jan 2010

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.


International Movement To Deter Corruption: Should China Join?, Paul D. Carrington Jan 2010

International Movement To Deter Corruption: Should China Join?, Paul D. Carrington

Faculty Scholarship

Global concerns over the corruption of weak governments by firms engaged in transnational business are the source of an international movement that emerged in 1997. Special concern is presently directed at the weakness of enforcement of laws enacted in recent times to deter corrupt business practices in international trade that were enacted in response to that movement. One cause of weakness in law enforcement is the failure of China to share actively in those concerns and the efforts to address them. This essay will briefly record steps taken in other nations to address the concerns and the limited effectiveness of ...


The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell Jan 2001

The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell

Faculty Scholarship

This article deconstructs the role that race played in the land crisis in Zimbabwe that occurred in Zimbabwe in the late 1990s and earls 2000s. The article makes it clear that the government of Zimbabwe did not extend robust property rights to its black majority population for the most part even as it took land from large white landowners. This is revealing given that the government's primary justification for taking land from large white landowners was that the black majority unjustly owned little property in Zimbabwe as a result of colonialist and neocolonialist, discriminatory polices.