Corruption, Asset Recovery, and the Protection of Property by Radha Ivory PDF
By Radha Ivory
In getting better resources which are or that characterize the proceeds, items, or instrumentalities of grand corruption, do states violate the human rights of politically uncovered people, their family members, or their affiliates? Radha Ivory asks even if cooperative efforts to confiscate illicit wealth fit with rights to estate in public overseas legislations. She explores the tensions among the pursuits of controlling high-level, high-value corruption and making sure equivalent delight in civil and political rights. in the course of the jurisprudence of neighborhood human rights tribunals and the literature on confiscation and overseas cooperation, Ivory exhibits how asset restoration is a human rights factor and the way ideas of legality and proportionality have mediated competing pursuits in analogous issues. In circumstances of asset restoration, she predicts that estate rights will likewise allow questions of person entitlement to be thought of within the context of collective issues with strong governance, worldwide monetary inequality, and the suppression of transnational crime.
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Extra info for Corruption, Asset Recovery, and the Protection of Property in Public International Law: The Human Rights of Bad Guys
827–829; Sornarajah, Foreign Investment, pp. 128–129. Hackworth, “Property Rights” (with extracts from US Secretary of State Hull’s note to the Mexican Ambassador to the US of July 21, 1938); American Law Institute, Restatement the Third, s. 712. See generally Lowenfeld, International Economic Law, pp. 475–481. ”136 The controversy about the customary standard of treatment abated somewhat with the end of the Cold War and the proliferation of investment treaties. 137 Even if there is a customary human right to property, it is not clear whether it would apply to interferences that aim at asset recovery.
A/RES/51/59 (January 28, 1997); GA Res. 51/191, Declaration against Corruption and Bribery in International Commercial Transactions, UN Doc. A/RES/51/191 (February 21, 1997), Annex. See further Bacio Terracino, The International Legal Framework, pp. 56–71; Wallace, The Multinational Enterprise, pp. 1124–1126, nn. 62–69. COE Committee of Ministers, Res. InstrumentID=258&InstrumentPID=258&Lan, accessed October 15, 2013 (OECD Recommendation 2009). 18 c o n c e p t s , s o u r c e s, a n d c a s e s t u d i es instruments remain in force, as revised, and are standards for evaluation by the OECD’s Working Group on Bribery in International Business Transactions (OECD-WGB) and COE’s Group of States against Corruption (GRECO).
V. Ad Hoc Committee, Report of the Ad Hoc Committee for the Negotiation of a Convention against Corruption on its 1st session, held in Vienna from January 21 to February 1, 2002, UN Doc. 261/4 (March 14, 2002), paras. 26, 28–29, 44; Report of the Ad Hoc Committee for the Negotiation of a Convention against Corruption on its 2nd session, held in Vienna from June 17 to 28, 2002, UN Doc. 261/7 (July 5, 2002), para. 21, Annex, paras. 9–10; Report of the Ad Hoc Committee for the Negotiation of a Convention against Corruption on its 4th session, held in Vienna from January 13 to 24, 2003, UN Doc.