Combating Corruption : A Comparative Review of Selected Legal Aspects of State Practices and Major International Initiatives

by Ofosu-Amaah, W. Paatii; Soopramanien, Raj; Uprety, Kishor

• ISBN13: 9780821345238
• ISBN10: 0821345230
• Format: Paperback
• Copyright: 1999-05-01
• Publisher: World Bank

Summary

" ... 'Combating Corruption' provides an important resource in fighting a problem that is increasingly recognized as being both world-wide in its distribution, and urgent in its consequences."Corruption is a world-wide phenomenon. No country, no matter how rich or powerful, is immune to the detrimental effects of corruption. In this timely and careful survey of national and international efforts, 'Combating Corruption' provides a comparative view of selected legal practices and international initiatives undertaken to fight corruption. At the outset, the paper makes the distinction between preventative and curative instruments which countries have used to fight corruption. The authors of this study examine codes of conduct, affirmations of national commitment, leadership codes, and provisions relating to declaration of assets and freedom of information.Although the paper highlights some bold measures that have been undertaken by countries to combat corruption, it goes on to report that the anti-corruption efforts are far from finished on the national level.The paper concludes that legal initiatives alone cannot make a difference in the fight against corruption. The most successful programs are those that combine legal initiatives with the necessary resources needed to engage in and sustain the fight against corruption. There needs to be strong political will and a determination to stop the spread of corruption in order to effect change.

Table of Contents

Foreword	v
Abstract	vi
Acknowledgments	viii
Introduction	1	(4)
Initiatives Conducive to a Corruption-Free Environment---A Preventive Approach	5	(33)
Indirect Technique	5	(16)
National Commitment	5	(2)
Leadership Codes	7	(1)
Declaration of Assets	8	(3)
Codes of Conduct	11	(5)
Proactive Media	16	(5)
Direct Technique	21	(17)
Transparent Financial Management System	21	(4)
Campaign Financing	25	(6)
Procurement	31	(7)
Legal Framework to Combat Corruption---A Curative Approach	38	(30)
Investigation of Corruption	38	(9)
Traditional Enforcement Mechanisms	38	(2)
The U.S. Independent Counsel	40	(3)
Other Specialized Corruption Investigation Agencies	43	(4)
Judicial Process	47	(16)
Traditional Bribery Legislation	47	(1)
Special Corruption Offenses	48	(5)
Money Laundering	53	(4)
Offenses Involving Special Rules of Evidence	57	(4)
Sanctions and Penalties	61	(2)
Corruption Redefined	63	(5)
International Efforts Against Corruption	68	(14)
U.N. Efforts	68	(2)
U.N. Initiatives in the 1970s	68	(2)
The U.N. Declaration against Corruption and Bribery	70	(1)
Regional Efforts	70	(8)
Efforts within the Organization of American States: Inter-American Convention against Corruption	70	(2)
Efforts within the Organisation for Economic Co-operation and Development (OECD)	72	(3)
Efforts within the Council of Europe: The Criminal Law Convention	75	(1)
The African Initiative	76	(2)
Efforts at the Nongovernmental Level	78	(4)
The Lima Declaration against Corruption	78	(1)
The International Chamber of Commerce	79	(3)
Conclusion	82	(2)
Endnotes	84