The United Nations Millennium Declaration of 2000 was translated into a roadmap, setting out meas... more The United Nations Millennium Declaration of 2000 was translated into a roadmap, setting out measurable goals such as the Millennium Development Goals (MDG) to be achieved by 2015. The first goal was to eradicate extreme poverty and hunger by reducing “by half the proportion of people whose income is less than $1 a day”, achieving “full and productive employment and decent work for all, including women and young people”, and reducing “by half the proportion of people who suffer from hunger”. Due to lack of progress towards the goal set by the MDG the target date for the elimination of poverty was extended to 2030 by the UN Sustainable Development Goals in 2015. Development, seen as a key factor for poverty eradication, is marred by corruption on the part of the bureaucratic and political elite (often termed politically exposed persons or PEPS). This chapter examines the links between development, corruption and money laundering and the measures adopted to prevent money laundering by...
The prosecution of high profile multi-national corporations (MNCs) over the past decade for bribe... more The prosecution of high profile multi-national corporations (MNCs) over the past decade for bribery of public officials has raised the need for drafting ethics-related administrative law. The negative impact of corruption on the infrastructure has been well discussed over the years resulting in the formulation of a number of anti-corruption conventions. Chief amongst them are the OECD Convention on Bribery of Foreign Public Officials in International Business Transactions, 1997 and the United Nations Convention against Corruption, 2003. The latter, alongside criminalization, promotes a number of preventive measures to combat corruption. Amongst these are codes ofconduct for public administration. So, how should countries draft ethicsrelated administrative law? Should such law be driven purely by normative ethics based on how one ought to act? Or, should we take into account empirical data in drafting ethics-related administrative law? A related question is who should oversee these e...
Page 1. INDIRA CARR Page 2. INTERNATIONAL TRADE LAW In today&... more Page 1. INDIRA CARR Page 2. INTERNATIONAL TRADE LAW In today's globalised world, an understanding of international trade is essential for those studying and practising law, business, banking and finance. International ...
It is now a year since the UN Convention on Corruption, 2003 came into force. The Convention has ... more It is now a year since the UN Convention on Corruption, 2003 came into force. The Convention has received well over sixty ratifications or accessions. Most of these are from countries in the developing world. This article consisting of three parts addresses the following. Are there any special features in the UN Convention that make it unique in advancing the fight against corruption that also contribute to its popularity? Will this convention make a difference in achieving a less corrupt world? Part I uses a table to provide both a bird’s eye view of the other anti-corruption conventions and a reference point for comparison when examining the UN Convention. Part II addresses the issue of the popularity of the UN Convention by exploring critically its scope and innovative provisions against the historical setting of corruption specific regional and international conventions in Part I. Part II is divided into the following sections: offences, investigation and other procedural aspects, asset recovery, sanctions and implementation and concludes with a section entitled “Popularity Assessed” which deals with the main reasons for its wide adoption. Part III places the UN Convention in the broader context of the limits of criminal law and engages critically with the use of preventive measures as envisaged by the UN Convention.
I. Introduction Business measures against corruption represent the bulwark against bribery and ot... more I. Introduction Business measures against corruption represent the bulwark against bribery and other corruption offences in most upperincome jurisdictions.' Businesses take these measures in response to the incentives legislation, executive regulations, and other rulemaking provides to them. 2 As early as 1980, scholars documented the effect that anti-corruption law-and specifically the Foreign Corrupt Practices Act-has had on encouraging businesses to adopt changes to their accounting and compliance programs.' Anti-corruption laws have had an impact on the measures businesses take to prevent, detect, and curb corruption committed by their agents and partners. 4 These measures-in turn-significantly affect the extent of corruption committed by companies' principals, agents, and partners. 5 Yet, Hong Kong companies do not implement many of the common measures used I The Organization for Economic Cooperation Development ("OECD") provides detailed analysis, even from non-OECD jurisdictions like Singapore, of the various ways that the corporate sector serves as the primary agent responsible for preventing, detecting, and responding to corruption before law enforcement even becomes involved.
The United Nations Millennium Declaration of 2000 was translated into a roadmap, setting out meas... more The United Nations Millennium Declaration of 2000 was translated into a roadmap, setting out measurable goals such as the Millennium Development Goals (MDG) to be achieved by 2015. The first goal was to eradicate extreme poverty and hunger by reducing “by half the proportion of people whose income is less than $1 a day”, achieving “full and productive employment and decent work for all, including women and young people”, and reducing “by half the proportion of people who suffer from hunger”. Due to lack of progress towards the goal set by the MDG the target date for the elimination of poverty was extended to 2030 by the UN Sustainable Development Goals in 2015. Development, seen as a key factor for poverty eradication, is marred by corruption on the part of the bureaucratic and political elite (often termed politically exposed persons or PEPS). This chapter examines the links between development, corruption and money laundering and the measures adopted to prevent money laundering by...
The prosecution of high profile multi-national corporations (MNCs) over the past decade for bribe... more The prosecution of high profile multi-national corporations (MNCs) over the past decade for bribery of public officials has raised the need for drafting ethics-related administrative law. The negative impact of corruption on the infrastructure has been well discussed over the years resulting in the formulation of a number of anti-corruption conventions. Chief amongst them are the OECD Convention on Bribery of Foreign Public Officials in International Business Transactions, 1997 and the United Nations Convention against Corruption, 2003. The latter, alongside criminalization, promotes a number of preventive measures to combat corruption. Amongst these are codes ofconduct for public administration. So, how should countries draft ethicsrelated administrative law? Should such law be driven purely by normative ethics based on how one ought to act? Or, should we take into account empirical data in drafting ethics-related administrative law? A related question is who should oversee these e...
Page 1. INDIRA CARR Page 2. INTERNATIONAL TRADE LAW In today&... more Page 1. INDIRA CARR Page 2. INTERNATIONAL TRADE LAW In today's globalised world, an understanding of international trade is essential for those studying and practising law, business, banking and finance. International ...
It is now a year since the UN Convention on Corruption, 2003 came into force. The Convention has ... more It is now a year since the UN Convention on Corruption, 2003 came into force. The Convention has received well over sixty ratifications or accessions. Most of these are from countries in the developing world. This article consisting of three parts addresses the following. Are there any special features in the UN Convention that make it unique in advancing the fight against corruption that also contribute to its popularity? Will this convention make a difference in achieving a less corrupt world? Part I uses a table to provide both a bird’s eye view of the other anti-corruption conventions and a reference point for comparison when examining the UN Convention. Part II addresses the issue of the popularity of the UN Convention by exploring critically its scope and innovative provisions against the historical setting of corruption specific regional and international conventions in Part I. Part II is divided into the following sections: offences, investigation and other procedural aspects, asset recovery, sanctions and implementation and concludes with a section entitled “Popularity Assessed” which deals with the main reasons for its wide adoption. Part III places the UN Convention in the broader context of the limits of criminal law and engages critically with the use of preventive measures as envisaged by the UN Convention.
I. Introduction Business measures against corruption represent the bulwark against bribery and ot... more I. Introduction Business measures against corruption represent the bulwark against bribery and other corruption offences in most upperincome jurisdictions.' Businesses take these measures in response to the incentives legislation, executive regulations, and other rulemaking provides to them. 2 As early as 1980, scholars documented the effect that anti-corruption law-and specifically the Foreign Corrupt Practices Act-has had on encouraging businesses to adopt changes to their accounting and compliance programs.' Anti-corruption laws have had an impact on the measures businesses take to prevent, detect, and curb corruption committed by their agents and partners. 4 These measures-in turn-significantly affect the extent of corruption committed by companies' principals, agents, and partners. 5 Yet, Hong Kong companies do not implement many of the common measures used I The Organization for Economic Cooperation Development ("OECD") provides detailed analysis, even from non-OECD jurisdictions like Singapore, of the various ways that the corporate sector serves as the primary agent responsible for preventing, detecting, and responding to corruption before law enforcement even becomes involved.
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