THE OWNERSHIP OF CONFISCATED PROCEEDS OF CORRUPTION UNDER THE UN CONVENTION AGAINST CORRUPTION

2018 ◽  
Vol 67 (3) ◽  
pp. 669-694
Author(s):  
Anton Moiseienko
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Fundamental Principle ◽  
The State ◽  
The Rule Of Law ◽  
United Nations Convention ◽  
The United Nations

AbstractArticle 51 of the United Nations Convention against Corruption sets forth the return of assets diverted through corruption as a fundamental principle of the Convention. This raises the question of whether the State where the stolen assets are located is entitled to refuse their repatriation or subject it to certain conditions. This article analyses the Convention and the policy considerations behind it and argues that such a State has a wider discretion over the return of stolen assets than is often thought. Furthermore, the article argues that the rule of law may be better served if States take vigorous action to confiscate the proceeds of corruption regardless of whether they are ultimately repatriated.

Stakeholder Theory and Justice Issues: The Leap from Business Management to Contemporary International Law

2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw
Keyword(s):  
United Nations ◽  
International Law ◽  
Stakeholder Theory ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Business Management ◽  
Secretary General ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.

The Rule of Law and Human Rights in the Balkans

2000 ◽  
Vol 37 ◽  
pp. 223-256
Author(s):  
L. C. Green
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rule Of Law ◽  
Viable Alternative ◽  
The Rule Of Law ◽  
The Balkans ◽  
The United Nations

SummaryThe author considers the application of relevant human rights provisions to the Balkans both historically and in terms of contemporary issues. In particular, he discusses the legality of the measures taken under the auspices of NATO in respect of Kosovo and queries whether such measures are able to remedy such a breakdown of civil administration and respect for human rights. In the author's view, in such circumstances, administration of a country by the United Nations itself provides the only viable alternative.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

scholarly journals THE JOINING INTO THE UNITED NATIONS CONVENTION ON JURISDICTIONAL IMMUNITIES OF STATES AND THEIR PROPERTY 2004 OF VIETNAM

2020 ◽  
Vol 15 (1) ◽  
pp. 67-78
Author(s):  
Tuan Quoc Banh
Keyword(s):  
United Nations ◽  
The State ◽  
Economic Sectors ◽  
United Nations Convention ◽  
The United Nations

By summarizing the main contents of the United Nations Convention on Jurisdictional Immunities of States and their Property on 2nd December 2004, the author has analyzed actual and theory aspects on the necessity of Vietnam’s joining this Convention in order to protect interests of Vietnam State in the setting that these days the State and economic sectors are participating much in trading, commercial and investment activities with foreign subjects, and contribute to improving Vietnam legislations during international globalization.

scholarly journals The value of the United Nations in resolving problems of the rule of law in conflict States

2016 ◽  
Vol 3 (1) ◽  
pp. 155-162
Author(s):  
N I Kostenko
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rule Of Law ◽  
Years Of Experience ◽  
Effective Protection ◽  
The Rule Of Law ◽  
Peacekeeping Operations ◽  
Sustainable Peace ◽  
Protection Of Human Rights ◽  
The United Nations

In this paper, the author tries to analyze the main extracted from the work of the United Nations according to the rule of law in the States for the last fifteen years. The analysis shows that the rule of law and the approval of the rule of law in the States for the last fifteen years of experience - is fundamental to sustainable peace after conflict, for the effective protection of human rights. Keywords: problems of justice, the rule of law, the rule of law, peacekeeping operations, the UN standards.

The rights of the child in global perspective

2010 ◽  
Vol 35 (2) ◽  
pp. 38-42 ◽  
Author(s):  
Marian Quartly
Keyword(s):  
United Nations ◽  
Family Environment ◽  
Children's Rights ◽  
The State ◽  
Global Perspective ◽  
International Level ◽  
Rights Of The Child ◽  
The Family ◽  
United Nations Convention ◽  
The United Nations

This paper considers the development of the idea of children's rights, firstly at an international level, and then nationally and locally. Focussing on the central ‘right’ as defined by the United Nations Convention on the Rights of the Child (1989) – that ‘the child … should grow up in a family environment, in an atmosphere of happiness, love, and understanding’ – the paper points to a contradiction implicit here between the child imagined as a rights-bearing individual and the child imagined as in need of protection, by the family and, if necessary, by the state.

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