Human Rights

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By Radha Ivory

In improving resources which are or that characterize the proceeds, items, or instrumentalities of grand corruption, do states violate the human rights of politically uncovered folks, their kin, or their affiliates? Radha Ivory asks even if cooperative efforts to confiscate illicit wealth fit with rights to estate in public overseas legislation. 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 local human rights tribunals and the literature on confiscation and overseas cooperation, Ivory indicates how asset restoration is a human rights factor and the way rules of legality and proportionality have mediated competing pursuits in analogous concerns. In circumstances of asset restoration, she predicts that estate rights will likewise permit questions of person entitlement to be thought of within the context of collective matters with sturdy governance, worldwide financial 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

Sample text

On the goals of the anti-corruption treaties, see generally Stessens, “The International Fight against Corruption,” 894–895. , GA Res. 3514 (XXX), Measures against corrupt practices of transnational and other corporations their intermediaries and others involved, UN Doc. A/RES/3514(XXX) (December 15, 1975); ESC Res. 2041, Corrupt practices, particularly illicit payments, in international commercial transactions, UN Doc. E/RES/2041 (August 5, 1976); ESC, Report of the Ad hoc Intergovernmental Working Group on the Problem of Corrupt Practices on its First, Second, Third and Resumed Sessions, UN Doc.

55 The remaining anti-corruption treaties and non-binding (or internally binding) instruments define “corruption” for the purposes of imposing civil, criminal, or administrative sanctions. Under the Protocol to the Convention on 51 52 53 54 55 UNCAC, Arts. 15–25. AUCPCC, Art. 4; IACAC, Arts. VI(1)–IX, XI(1); SADC-PAC, Art. 3. See also ECOWASPAC, Art. 6. AUCPCC, Art. 4(2); IACAC, Art. XI(2); SADC-PAC, 3(2). GA Res. 3514 (XXX), paras. 1–2 (emphasis added); ESC Res. 2041, Preamble; ESC Res. 2122 (LXIII), Preamble.

Paras. 191; Pancotto Bohrer Munhoz, “Corruption in the Eyes of the World Bank,” 699; Wallace, The Multinational Enterprise, p. 1125, n. 65. The World Bank, “Helping Countries Combat Corruption,” p. 8; “Governance and Anticorruption,” p. 1. See also the World Bank, “Strengthening Governance, Tackling Corruption,” p. 7. IBRD/The World Bank, Guidelines: Selection and Employment of Consultants under IBRD Loans and IDA Credits & Grants by World Bank Borrowers (2011); Procurement of Goods, Works, and Non-Consulting Services under IBRD Loans and IDA Credits & Grants by World Bank Borrowers (2006), para.

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