THE ACHIEVEMENTS AND LIMITS OF ITALIAN ANTI-CORRUPTION LEGISLATION IN LIGHT OF THE INTERNATIONAL LEGAL FRAMEWORK

2016 ◽  
Vol 25 (1) ◽  
pp. 275-297
Author(s):  
Leonardo Borlini
Keyword(s):  
United Nations ◽  
Legal System ◽  
Legal Framework ◽  
The Past ◽  
Domestic Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
International Instruments ◽  
Italian Legislation

The past twenty years have seen unprecedented international initiatives aimed at combatting corrupt practices. Over the same period, Italy has ratified and implemented within its legal system five international anti-corruption treaties and amended its domestic legislation on different occasions. However, despite considerable efforts, corruption remains a serious challenge in the country. With particular reference to the aforementioned conventions, this article explores the main international rules on criminalisation and prevention of corruption in order to assess achievements and limits of the Italian legislation in light of such provisions. The article is thus divided into two main sections. The first considers the development of the regional and other anti-corruption initiatives which culminated in the United Nations Convention against Corruption; the second examines the main achievements and shortcomings of the Italian anti-corruption legislation in light of the outcomes of the monitoring procedures set by the international instruments ratified by Italy.

Australia and People Seeking Asylum who Arrive by Boat

2018 ◽  
pp. 518-536
Author(s):  
Caroline Fleay
Keyword(s):  
Political Parties ◽  
United Nations ◽  
Government Policies ◽  
The Past ◽  
The People ◽  
The Status ◽  
Repeated Use ◽  
United Nations Convention ◽  
The United Nations

Throughout the past forty years various leaders from both major political parties in Australia have categorized the arrival by boat of people seeking asylum as a “crisis” and the people themselves as “illegal.” This is despite Australia being a signatory to the United Nations Convention Relating to the Status of Refugees, and receiving relatively few people who seek asylum compared with many other countries. Punitive government policies and processes have further reinforced these representations, such that “crisis” and “illegal” can now be understood as both categories of analysis and practice. The repeated use of such categories may be helping to produce and reproduce prejudice and racism and obscure the needs and experiences of people seeking asylum.

Geomatics Aspects of the UN Convention on Law of the Sea – A Case Study

2002 ◽  
Vol 55 (3) ◽  
pp. 443-449
Author(s):  
Ahmed El-Rabbany
Keyword(s):  
United Nations ◽  
Natural Resources ◽  
Continental Shelf ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
Maritime Boundary Delimitation

The United Nations Convention on Law of the Sea (UNCLOS) came into force on November 18, 1994 to provide the legal framework for maritime boundary delimitation. Understanding the geomatics aspects of UNCLOS is vital for coastal nations to claim the ownership of the natural resources within the limits of their Continental Shelf. This paper discusses some of the geomatics aspects of UNCLOS, namely the geodetic and uncertainty issues. A case study for Egypt's outer limits is also presented.

scholarly journals Improvement of criminal laws in the field of combating corruption

2019 ◽  
pp. 102-109
Author(s):  
N. V. Golubykh ◽  
M. O. Lepikhin
Keyword(s):  
United Nations ◽  
Russian Federation ◽  
Criminal Code ◽  
Commercial Bribery ◽  
The Russian Federation ◽  
United Nations Convention ◽  
The United Nations ◽  
International Instruments

The article scrutinizes the current legislation aimed at combating corruption. Special attention is paid to crimes the number of which among corruption-related crimes is overwhelming. These include, in particular, Art. 290 “Bribe-taking”, 291 “Bribe-giving”, 204 “Commercial bribery” of the Criminal code of the Russian Federation. Also, attention is paid to relatively new offences providing for liability for crimes of corruption, namely: Article 291.1 “Bribery facilitation,” 291.2 “Petty bribery,” 204.1”Commercial bribery facilitation” and 204.2” Petty commercial bribery “ of the Criminal Code. The paper analyzes international instruments governing the fight against corruption, especially the United Nations Convention Against Corruption. Based on the analysis of the above norms, the authors argue the need to amend the current legislation, inter alia, in order to bring it in line with international instruments.

scholarly journals The United nations convention against corruption: A successful example of international action against economic crime

Temida ◽  
2012 ◽  
Vol 15 (2) ◽  
pp. 61-70 ◽  
Author(s):  
Dimitri Vlassis
Keyword(s):  
United Nations ◽  
Legal Framework ◽  
International Community ◽  
Economic Crime ◽  
International Action ◽  
Specific Focus ◽  
United Nations Convention ◽  
Review Mechanism ◽  
The United Nations ◽  
Made In

This article briefly outlines the progress made in recent years in the development of an international legal framework to combat economic crime, with a specific focus on the United Nations Convention against Corruption. The author notes the impressive progress made by the international community in both the creation and implementation of the Convention, particularly through the adoption of the Implementation Review Mechanism.

scholarly journals Sport for All and Social Inclusion of Individuals with Impairments: A Case Study from Brazil

Societies ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 44
Author(s):  
Lyusyena Kirakosyan
Keyword(s):  
United Nations ◽  
Social Inclusion ◽  
Sport Participation ◽  
Military Dictatorship ◽  
Persons With Disabilities ◽  
The Past ◽  
United Nations Convention ◽  
The United Nations ◽  
The Military

This article examines the discourses about Sport for All (SFA) and their evolution over the past four decades in Brazil and analyzes the implications of those discourses for social inclusion of Brazilians with impairments in sport and leisure. It provides an overview of four political milestones in the development of sport participation in Brazil: the launch of the SFA program under the military dictatorship; the adoption of the 1988 Constitution; the ratification of the United Nations Convention on the Rights of Persons with Disabilities; and the Rio 2016 Paralympics. Foucault’s archaeological-genealogical approach has been used to explain how the principle of social inclusion has been practised and enacted through the SFA discourses in Brazil and to discuss the implications of sport and leisure policies for the population with impairments.

To Boldly Go, Part II: Data as the CISG’s Next (but Probably Not Final) Frontier

2021 ◽  
Vol 44 (4) ◽  
Author(s):  
Benjamin Hayward
Keyword(s):  
International Trade ◽  
United Nations ◽  
Legal Framework ◽  
United Nations Convention ◽  
Per Se ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Sales

The United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) is an international sales law treaty concluded in 1980 and drafted with traditional (physical) goods trade in mind. While a significant body of scholarship has addressed its capacity to govern electronic software transactions, only limited commentary has explored the CISG’s digital application beyond software per se. ‘To Boldly Go, Part I’, this article’s counterpart, developed a specific legal framework for assessing the CISG’s capacity to regulate international trade in non-software data. This article now applies that framework, confirming the CISG is capable of governing non-software data trade, and uses that framework to resolve the currently unsettled question of whether cryptocurrency trade falls within the CISG’s scope. Since non-software data trade is becoming increasingly economically important, this article’s conclusions stand to benefit data traders as well as the practitioners advising them.

scholarly journals Departures from the Coast: Trends in the Application of Territorial Sea Baselines under the Law of the Sea Convention

2012 ◽  
Vol 27 (4) ◽  
pp. 723-732 ◽  
Author(s):  
Clive Schofield
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Practical Application ◽  
The Past ◽  
Emerging Trends ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Definition Of

Abstract Baselines are crucial to the definition of maritime claims and the delimitation of maritime boundaries. The United Nations Convention on the Law of the Sea (LOSC) provides for several distinct types of baseline. These various baselines are discussed relative to their practical application over the past three decades. While some LOSC baseline provisions have proved to be well drafted and have led to broad compliance, the loose language contained in other baselines Articles has resulted in their being interpreted liberally. Contemporary and emerging trends and challenges are also highlighted.

Marine Scientific Research in Japan’s Practice

2021 ◽  
Vol 9 (2) ◽  
pp. 281-293
Author(s):  
Sookyeon Huh
Keyword(s):  
United Nations ◽  
Scientific Research ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Legal Instrument ◽  
Domestic Legislation ◽  
State Practice ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations

Abstract This article examines Japan’s state practices on marine scientific research (MSR). The survey of state practices requires the discernment of generalisability and particularity in each state practice. There are two points to note while considering the generalisabilities and particularities in Japan’s practices: first, Japan oversees MSR activities in its waters according to a non-legal instrument or a guideline, unlike neighbouring countries that use domestic legislation in MSR upon ratifying the United Nations Convention on the Law of the Sea; second, Japan faces quite a few MSR incidents in its undelimited exclusive economic zone. Thus, this article covers an outline of Japan’s guideline, its response to illegal or unregulated MSR activities in its waters, its relationships with neighbouring countries, and the failure of its attempt to legislate the MSR Law in 2007.

The United Nations Convention on the Law of the Sea

2000 ◽  
Author(s):  
John-Pierre Levy
Keyword(s):  
World War Ii ◽  
United Nations ◽  
International Law ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Customary International Law ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
World Organization

When the United Nations Convention on the Law of the Sea (the Convention) was adopted in 1982 after nine years of negotiations, it was hailed as "the ultimate constitution for the oceans". For the first time, an international legal instrument acknowledges that "the problems of ocean space are closely interrelated and need to be considered as a whole". Accordingly, in 320 articles and 9 annexes, the treaty provides the international legal framework for exercising the rights and duties of States relating to their uses of ocean space and its resources. After substantially amending the part dealing with the deep seabed area and its resources by the Agreement of 28 July 1994, the Convention entered into force on 16 November 1994 for those States which deposited instruments of ratification. It is now strongly supported by a significant majority of the States of the world, including major maritime powers, developing states, and others. The Convention codifies and develops customary international law as well as creating new rules and institutions. In some respects, the Convention provides specific rules and, in other respects, more general rules, whose precise meaning will evolve through practice. The Convention provides at minimum a framework for all uses of the sea. It envisages other international agreements, bilateral and multilateral, to elaborate its implementation. In spite of the breadth of the subject matter, the practice of States generally conforms to the law of the sea embodied in the Convention. The international community rightly feels proud of its achievement. But international law (and the law of the sea in particular) is a reflection of the needs of States during a certain period in history and their expectations of the future. This Convention does not necessarily contain the answers to all the challenges awaiting humankind in the 21st century, but it provides a sound framework for addressing them. Before examining in depth the issues relating to the delimitation of the outer limit of the continental shelf, a brief review of the major features of the Convention is appropriate. In the aftermath of World War II and soon after the creation of the United Nations in 1945, the new world organization requested its International Law Commission to consider the codification of existing customary international law relating to the oceans.

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