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Author: Martine Boersma
Publisher:
ISBN: 9781780681054
Category : Human rights
Languages : en
Pages : 0
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Book Description
Based on the author's thesis (Ph. D.)--Maastricht University.
Author: Martine Boersma
Publisher:
ISBN: 9781780681054
Category : Human rights
Languages : en
Pages : 0
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Book Description
Based on the author's thesis (Ph. D.)--Maastricht University.
Author:
Publisher: BRILL
ISBN: 9047413717
Category : Law
Languages : en
Pages : 321
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Book Description
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author: C. Raj Kumar
Publisher: Oxford University Press
ISBN: 0199088705
Category : Law
Languages : en
Pages : 194
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Book Description
The malaise of corruption has become deeply embedded in the political and social fabric of the Indian society. The increased frequency and scale of corruption have had deleterious effects on a wide range of issues. Corruption, therefore, must be viewed not just as an issue of law and order or of the criminal justice system; instead it has larger and adverse implications for development initiatives, transparency in administration, economic growth, access to justice, and human rights. This important and timely work adopts a new approach for analysing corruption—corruption as a violation of human rights. Highlighting the inherent deficiencies in the existing institutions, mechanisms, laws, and law enforcement agencies, the book strongly proposes the adoption of a multi-pronged strategy for eliminating corruption. This includes the creation of a new legislative framework, an effective institutional mechanism, a new independent and empowered commission against corruption, and greater participation of the civil society. It also compares India's experiences of combating corruption with many societies in Asia including Singapore and Hong Kong.
Author: Martine Boersma
Publisher:
ISBN: 9789400000858
Category : Corruption
Languages : en
Pages : 0
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Book Description
This book offers the reader a broader view of the human rights approach towards combating corruption - including the arguments of those who oppose this approach - while it also considers how corruption may violate individual civil, political, economic, social and cultural human rights.
Author: Kolawole Olaniyan
Publisher: Bloomsbury Publishing
ISBN: 1782254528
Category : Law
Languages : en
Pages : 442
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Book Description
This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.
Author: Radha Ivory
Publisher: Cambridge University Press
ISBN: 1316061590
Category : Political Science
Languages : en
Pages : 407
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Book Description
In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights. Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters. In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, global economic inequality, and the suppression of transnational crime.
Author: Peter Larmour
Publisher: ANU E Press
ISBN: 1922144770
Category : Political Science
Languages : en
Pages : 286
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Book Description
Corruption and Anti-Corruption deals with the international dimensions of corruption, including campaigns to recover the assets of former dictators, and the links between corruption, transnational and economic crime. It deals with corruption as an issue in political theory, and shows how it can be addressed in campaigns for human rights. It also presents case studies of reform efforts in Philippines, India and Thailand. The book explains the doctrines of a well-established domestic anticorruption agency. It is based on research to develop a curriculum for a unique international training course on ‘Corruption and Anti-Corruption’, designed and taught by academics at The Australian National University, the Australian Institute of Criminology and public servants in the New South Wales Independent Commission Against Corruption.
Author: Robert I. Rotberg
Publisher: Rowman & Littlefield
ISBN: 0815703961
Category : Political Science
Languages : en
Pages : 511
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Book Description
Never before have world order and global security been threatened by so many destabilizing factors—from the collapse of macroeconomic stability to nuclear proliferation, terrorism, and tyranny. Corruption, Global Security, and World Order reveals corruption to be at the very center of these threats and proposes remedies such as positive leadership, enhanced transparency, tougher punishments, and enforceable sanctions. Although eliminating corruption is difficult, this book's careful prescriptions can reduce and contain threats to global security. Contributors: Matthew Bunn (Harvard University), Erica Chenoweth (Wesleyan University), Sarah Dix (Government of Papua New Guinea), Peter Eigen (Freie Universität, Berlin, and Africa Progress Panel), Kelly M. Greenhill (Tufts University), Charles Griffin (World Bank and Brookings), Ben W. Heineman Jr. (Harvard University), Nathaniel Heller (Global Integrity), Jomo Kwame Sundaram (United Nations), Lucy Koechlin (University of Basel, Switzerland), Johann Graf Lambsdorff (University of Passau, Germany, and Transparency International), Robert Legvold (Columbia University), Emmanuel Pok (National Research Institute, Papua New Guinea), Susan Rose-Ackerma n (Yale University), Magdalena Sepúlveda Carmona (United Nations), Daniel Jordan Smith (Brown University), Rotimi T. Suberu (Bennington College), Jessica C. Teets (Middlebury College), and Laura Underkuffler (Cornell University).
Author:
Publisher: World Bank Publications
ISBN: 9780821346006
Category : Political Science
Languages : en
Pages : 180
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Book Description
Much of the devastation caused by the recent earthquake in Turkey was the result of widespread corruption between the construction industry and government officials. Corruption is part of everyday public life and we tend to take it for granted. However, preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book is designed to help citizens and public officials diagnose, investigate and prevent various kinds of corrupt and illicit behaviour. It focuses on systematic corruption rather than the free-lance activity of a few law-breakers, and emphasises practical preventive measures rather than purely punitive or moralistic campaigns.
Author: Luz Estella Nagle
Publisher:
ISBN: 9781531001964
Category : Human trafficking
Languages : en
Pages : 0
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Book Description
Understanding Human Trafficking, Corruption, and the Optics of Misconduct in the Public, Private, and NGO Sectors: Causes, Actors, and Solutions, examines the complex interrelationship of human trafficking and the acts of corruption and misconduct that sustain human trafficking and are in turn sustained by human trafficking. This book explains in detail the nature and scope of human trafficking and corruption, the global efforts to combat both, and how corruption and misconduct impact its proliferation worldwide. The book also sheds light on problems within the anti-human trafficking non-government movement and offers solutions to holding accountable the organizations that are supposed to be helping trafficking victims, but may be doing more harm than good.
