The World Needs an International Anti-Corruption Court

Wolf, Mark L.

doi:10.1162/daed_a_00507

Cited by 11 publications

(4 citation statements)

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“…Senior US District Court Judge Mark Wolf proposed the establishment of an International Anti-Corruption Court (IACC) (Wolf 2018). The IACC could serve, along with the APUNCAC's dedicated domestic anticorruption courts, as venues to prosecute cases of corruption.…”

Section: The International Anti-corruption Court (Iacc)mentioning

confidence: 99%

The Challenges of Political Corruption in Australia, the Proposed Commonwealth Integrity Commission Bill (2020) and the Application of the APUNCAC

Rama

Lester

Staples

2022

Laws

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Political corruption affects each nation-state differently, but the outcomes are nominally the same: a deficit of public trust, weakened government institutions and undermined political systems. This article analyzes issues of political corruption in Australia by framing them within a national integrity ecosystem (NIE) and addressing them against the proposed Commonwealth Integrity Commission (CIC) 2020 bill. It also discusses prevalent ‘grey’ areas of Australian politically-corrupt behavior where they interact with the private sector: the revolving door, political donations, and lobbying; and the state of Australia’s implementation of the OECD Anti-Bribery Convention. This article argues for their inclusion within the mandated scope of the proposed CIC. There is a need for strong legislation, both domestic and international, to fight corruption. This article then discusses the application of the provisions of the draft Anticorruption Protocol to the UN Convention Against Corruption (APUNCAC) that may apply with respect to these ‘grey’ issues, and how an International Anti-Corruption Court may provide another institutional model for Australia to follow. Finally, this article links these proposals to the 2021 UN General Assembly Special Session (UNGASS) on Corruption and the 9th Conference of States Parties on the UNCAC (COSP9). These events illustrate multilateral momentum and progress on anti-corruption. As a country that has historically supported the UN multilateral framework and its institutions, this article recommends a proactive approach for Australia so that the passing of a strong domestic anticorruption initiative will contribute to the adoption, and eventual ratification, of the APUNCAC.

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Section: The International Anti-corruption Court (Iacc)mentioning

confidence: 99%

The Challenges of Political Corruption in Australia, the Proposed Commonwealth Integrity Commission Bill (2020) and the Application of the APUNCAC

Rama

Lester

Staples

2022

Laws

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“…Another question would be how many countries would be willing to assert the prosecution of these cases. However, in identifying this gap, legal scholars have proposed the creation of an international anti-corruption court as a valuable step forward to prosecute cases of grand corruption especially in relation to countries that are unable or unwilling to prosecute themselves (Wolf, 2014). Although this could present a solution to the problem of dysfunctional national courts, the main challenges International anti-bribery legal framework are whether powerful countries where corruption is a big problem such as Russia, China and India would sign up for it and how enforcement mechanisms would be implemented (Stephenson, 2014).…”

Section: Internationalmentioning

confidence: 99%

The effectiveness of the international anti-corruption legal framework in the context and practice of Colombia

Torres

2020

JFC

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Purpose This study aims to investigate the impact of the enforcement of the international anti-bribery legal framework in developing countries. Design/methodology/approach It uses the PetroTiger case to examine the effects of foreign bribery prosecutions in Colombia, from a bribe-receivers perspective. PetroTiger is a USA-based company that was prosecuted for bribing public officials in Colombia. As a result, the public officials involved were also prosecuted in Colombia for receiving bribes. This case serves to illustrate how international anti-bribery law operates in practice and how it impacts Colombian law enforcement institutions and their capacity to prosecute bribe-receivers. The Colombian response to the international anti-corruption framework is examined in this study through the review of legislative efforts taken to address the problems of bribery and corruption in public procurement. Findings This study finds that enforcement of foreign bribery laws raise awareness of the situation of corruption in developing countries, generate parallel prosecutions of individuals at the receiving end of bribes and helps developing countries to develop technical expertise to fight corruption. Practical implications In practice, due to the transnational nature of foreign bribery, without international agreements, this type of corruption in international business would seldom lead to prosecution. Although the effectiveness of the enforcement of international anti-corruption law is debated, in reality, prosecutions of foreign bribery by developed countries have more positive than negative implications for developing countries. Social implications Assist to continue efforts to deter corruption. Originality/value No many studies have looked at the effectiveness of anti-corruption international law in developing countries. As indicated by Mr. Moulette Patrick head of Anti-Corruption Division at organisation for economic co-operation and development more research on the effectiveness of the UN enacted Convention against Corruption, which is what this paper does.

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“…His proposal was noticeably modeled on the language of the core-crime field as it called for an end to the 'culture of impunity for corruption'. 88 To accomplish this goal, Wolf has used his legal and symbolic capital as a well-respected judge to set up his own NGO, Integrity Initiatives International (III), launched on 2 May 2016. 89 In order to raise funds for this project, President Obama's former crowd-funding assistant has been recruited, evoking a degree of continuity given the Obama administration's previous condemnation of corruption as 'a scourge on civil society'.…”

Section: Linked Professionals and New Legal Mobilizationsmentioning

confidence: 99%

Crafting and Promoting International Crimes: A Controversy among Professionals of Core-Crimes and Anti-Corruption

Christensen¹

2017

Leiden Journal of International Law

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The emergence of new international criminal courts in the 1990s intensified an existing professional contest to define international crimes. This ongoing competition concerned which crimes should be termed international and consequently become the subject of international institution-building and prosecution. The article draws upon Pierre Bourdieu's analytical tool of the ‘field’ in order to investigate how legal professionals located in different fields of practice have crafted and promoted specific crimes as international, in successive phases. The focus of the analysis is on two stages of this development. The first is the protracted emergence of a field of ‘core crimes’ centred on a specific set of crimes: genocide, crimes against humanity, and war crimes. The second is an emergent contestation of this focus on ‘core crimes’ embedded in the careers of legal professionals engaged in the field of anti-corruption. By adapting the impactful narratives developed around core crimes, this second phase of contestation becomes a new frontline in the wider endeavour to define the role of criminal law in a larger international space of governance and politics.

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The World Needs an International Anti-Corruption Court

Cited by 11 publications

References 0 publications

The Challenges of Political Corruption in Australia, the Proposed Commonwealth Integrity Commission Bill (2020) and the Application of the APUNCAC

The Challenges of Political Corruption in Australia, the Proposed Commonwealth Integrity Commission Bill (2020) and the Application of the APUNCAC

The effectiveness of the international anti-corruption legal framework in the context and practice of Colombia

Crafting and Promoting International Crimes: A Controversy among Professionals of Core-Crimes and Anti-Corruption

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