By Radha Ivory
In convalescing resources which are or that signify the proceeds, gadgets, or instrumentalities of grand corruption, do states violate the human rights of politically uncovered folks, their family, or their affiliates? Radha Ivory asks no matter if cooperative efforts to confiscate illicit wealth fit with rights to estate in public foreign 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. during the jurisprudence of local human rights tribunals and the literature on confiscation and foreign 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 concerns. In instances of asset restoration, she predicts that estate rights will likewise let questions of person entitlement to be thought of within the context of collective issues with solid governance, international monetary inequality, and the suppression of transnational crime.
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Extra resources for Corruption, Asset Recovery, and the Protection of Property in Public International Law: The Human Rights of Bad Guys
For similar deﬁnitions, see Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee: Fighting Corruption in the EU, COM(2011) 308 ﬁnal, 6 June 2011, n. 1 (“abuse of power for private gain”); International Chamber of Commerce, “Corruption Explained” (“the abuse of entrusted power for private ﬁnancial or non-ﬁnancial gain”). 3 A common deﬁnition of corruption in public international law? Binding and non-binding, these instruments and organizations require or encourage their participants to prevent and suppress conduct that would be considered corrupt according to dictionary deﬁnitions.
International Criminal Law, pp. , International Criminal Law and Procedure, pp. 3–6; Hobe, Einführung in das Völkerrecht, pp. 257–258; Luban, O’Sullivan, and Stewart, International and Transnational Criminal Law, p. 3. Cf. Obokata, Transnational Organised Crime, pp. 30–33 (recognizing but criticizing the clarity of the distinction between TCL and international criminal law with respect to organized crime). Ninth United Nations Congress on the Prevention of Crime and Treatment of Offenders, Interim Report by the Secretariat: Results of the supplement to the Fourth United Nations Survey of Crime Trends and Operations of Criminal Justice Systems, on Transnational Crime, Cairo, April 29–May 8, 1995, UN Doc.
6. Brownlie, Principles of Public International Law, Ch. 24; Dolzer, “Expropriation of Alien Property”; Eigentum, Enteignung und Entschädigung, pp. 1–6, 14–34, 84–95; Dolzer and Schreuer, International Investment Law, pp. 11–17; Herdegen, Internationales Wirtschaftsrecht, paras. 3; Krause, “The Right to Property,” pp. 144–145; Lowenfeld, International Economic Law, Ch. 15; Qureshi and Ziegler, International Economic Law, para. 002; Shaw, International Law, pp. 827–842; Sornarajah, Foreign Investment, pp.