UN CONV AGAINST CORRUPTION OCILS C

Erscheinungsjahr 2019
ISBN: 978-0-19-880395-9
Verlag: ACADEMIC

Buch, Englisch, 792 Seiten, Format (B × H): 175 mm x 250 mm, Gewicht: 1520 g

The United Nations Convention against Corruption includes 71 articles, and takes a notably comprehensive approach to the problem of corruption, as it addresses prevention, criminalization, international cooperation, and asset recovery. Since it came into force more than a decade ago, the Convention has attracted nearly universal participation by states. As a global and comprehensive convention, which establishes new rules in several areas of anti-corruption law and helps shape domestic laws and policies around the world, this treaty calls for scholarly study.

This volume helps to fill a gap in existing academic literature by providing an invaluable reference work on the Convention. It provides systematic coverage of the treaty, with each chapter discussing the relevant travaux préparatoires, the text of the final article, comparisons with other anti-corruption treaties, and available information about domestic implementing legislation and enforcement.

This commentary is designed to serve as a reference work for academics, lawyers, and policy-makers working in the anti-corruption field, and in the fields of transnational criminal law and domestic criminal law. Contributors include anti-corruption experts, scholars, and legal practitioners from around the globe.

Autoren/Hrsg.

Rose, Cecily

Kubiciel, Michael

Landwehr, Oliver

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen Vereinte Nationen, UN Organisationen
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Sozialwissenschaften Politikwissenschaft Politische Kultur Korruption

Inhaltsverzeichnis

- Introduction

- Preamble

- CHAPTER I: GENERAL PROVISIONS

- Article 1. Statement of purpose

- Article 2. Use of terms

- Article 3. Scope of application

- Article 4. Protection of sovereignty

- CHAPTER II: PREVENTIVE MEASURES

- Article 5. Preventive anti-corruption policies and practices

- Article 6. Preventive anti-corruption body or bodies

- Article 7. Public sector

- Article 8. Codes of conduct for public officials

- Article 9. Public procurement and management of public finances

- Article 10. Public reporting

- Article 11. Measures relating to the judiciary and prosecution services

- Article 12. Private sector

- Article 13. Participation of society

- Article 14. Measures to prevent money-laundering

- CHAPTER III: CRIMINALIZATION AND LAW ENFORCEMENT

- Article 15. Bribery of national public officials

- Article 16. Bribery of foreign public officials and officials of public international organizations

- Article 17. Embezzlement, misappropriation or other diversion of property by a public official

- Article 18. Trading in influence

- Article 19. Abuse of functions

- Article 20. Illicit enrichment

- Article 21. Bribery in the private sector

- Article 22. Embezzlement of property in the private sector

- Article 23. Laundering of proceeds of crime

- Article 24. Concealment

- Article 25. Obstruction of justice

- Article 26. Liability of legal persons

- Article 27. Participation and attempt

- Article 28. Knowledge, intent and purpose as elements of an offence

- Article 29. Statute of limitations

- Article 30. Prosecution, adjudication and sanctions

- Article 31. Freezing, seizure and confiscation

- Article 32. Protection of witnesses, experts and victims

- Article 33. Protection of reporting persons

- Article 34. Consequences of acts of corruption

- Article 35. Compensation for damage

- Article 36. Specialized authorities

- Article 37. Cooperation with law enforcement authorities

- Article 38. Cooperation between national authorities

- Article 39. Cooperation between national authorities and the private sector

- Article 40. Bank secrecy

- Article 41. Criminal record

- Article 42. Jurisdiction

- CHAPTER IV: INTERNATIONAL COOPERATION

- Article 43. International cooperation

- Article 44. Extradition

- Article 45. Transfer of sentenced persons

- Article 46. Mutual legal assistance

- Article 47. Transfer of criminal proceedings

- Article 48. Law enforcement cooperation

- Article 49. Joint investigations

- Article 50. Special investigative techniques

- CHAPTER V: ASSET RECOVERY

- Article 51. General provision

- Article 52. Prevention and detection of transfers of proceeds of crime

- Article 53. Measures for direct recovery of property

- Article 54. Mechanisms for recovery of property through international cooperation in confiscation

- Article 55. International cooperation for purposes of confiscation

- Article 56. Special cooperation

- Article 57. Return and disposal of assets

- Article 58. Financial intelligence unit

- Article 59. Bilateral and multilateral agreements and arrangements

- CHAPTER VI: TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE

- Article 60. Training and technical assistance

- Article 61. Collection, exchange and analysis of information on corruption

- Article 62. Other measures: implementation of the Convention through economic development and technical assistance

- CHAPTER VII: MECHANISMS FOR IMPLEMENTATION

- Article 63. Conference of the States Parties to the Convention

- Article 64. Secretariat

- CHAPTER VIII: FINAL PROVISIONS

- Article 65. Implementation of the Convention

- Article 66. Settlement of disputes

- Article 67. Signature, ratification, acceptance, approval and accession

- Article 68. Entry into force

- Article 69. Amendment

- Article 70. Denunciation

- Article 71. Depositary and languages

Über Autor(innen)

Cecily Rose is an assistant professor of public international law at the Grotius Centre for International Legal Studies, Leiden University. Before joining the Grotius Centre she worked as an associate legal officer at the International Court of Justice and the Special Court for Sierra Leone, and in private practice. She holds a LL.M. and Ph.D. from the University of Cambridge, a J.D. from Columbia Law School, and B.A. (English) from Yale.

Michael Kubiciel is a professor of german, european and international criminal law at the University of Augsburg/Germany. His main fields of work are fraud/corruption, corporate crime and the internationalization of criminal law. In the last ten years he has acted as a consultant for several international organizations regarding anti-corruption policies, written several book-chapters, articles and a book in that field and has contributed to the official Technical Guide to UNCAC and the EU Anti-Corruption Report. Before joining the law faculty in Augsburg, Kubiciel worked professor at the University of Cologne, as an assistant professor at the University of Regensburg, as senior researcher at the Max Planck Institute for Foreign and International Criminal Law and as associate in the Düsseldorf office of Wessing Rechtsanwälte.

Oliver Landwehr is a senior legal and policy officer at the European Anti-Fraud Office (OLAF). Prior to that he was a legal officer at the Corruption and Economic Crime Branch of the United Nations Office on Drugs and Crime (UNODC) in Vienna. He mainly works on the evaluation of national anti-corruption legislation in the framework of the Implementation Review Mechanism of the United Nations Convention against Corruption (UNCAC). Prior to coming to UNODC, he worked as a référendaire (law clerk) in the chambers of two judges at the General Court of the EU, as a lecturer at King's College London School of Law and in private practice in an international law firm.