scholarly journals APUNCAC: An International Convention to Fight Corruption, Money Laundering, and Terrorist Financing

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Stuart S. Yeh
Keyword(s):  
United Nations ◽  
Money Laundering ◽  
Financial Incentives ◽  
Domestic Institutions ◽  
Civil Action ◽  
International Convention ◽  
Terrorist Financing ◽  
Private Interests ◽  
United Nations Convention ◽  
The United Nations

Abstract This article explains how corruption, money laundering, and terrorist financing could be addressed through an Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC). APUNCAC seeks to establish United Nations inspectors, dedicated anticorruption courts, and aggressive measures to fight corruption, including requirements to obtain and report accurate beneficial owner information when funds are transmitted internationally. This information is needed to deter money laundering. APUNCAC would allow private litigants to commence a Racketeer Influenced and Corrupt Organizations (RICO) civil action and recover three times the amount of their damages. These provisions create financial incentives for private litigants to fight corruption through civil actions. The provisions leverage private interests and align these interests in the fight against corruption. APUNCAC also includes treaty provisions designed to ensure that APUNCAC is implemented as intended. This article addresses the issue of complementarity. APUNCAC is designed to complement, rather than replace, existing domestic institutions.

scholarly journals Trading in influence: a research agenda for New Zealand?

2017 ◽  
Vol 13 (2) ◽  
Author(s):  
James Gluck ◽  
Michael Macaulay
Keyword(s):  
New Zealand ◽  
United Nations ◽  
Money Laundering ◽  
Research Agenda ◽  
Organised Crime ◽  
United Nations Convention ◽  
The Creation ◽  
The United Nations

In November 2015 the Organised Crime and Anti-corruption Legislation Bill was passed by Parliament. An omnibus bill, it amended numerous different acts in relation to (among other things) money laundering, organised crime, corruption and bribery offences. One of its stated aims was to bring New Zealand legislation up to date to enable New Zealand to finally ratify the United Nations Convention against Corruption (UNCAC), which it did in December that year. The merits and potential demerits of the bill have been discussed previously (Macaulay and Gregory, 2015), but one thing that requires further attention is the creation of a new offence of ‘trading in influence’.

PENGATURAN ILLICIT ENRICHMENT DI INDONESIA

2020 ◽  
Vol 6 (1) ◽  
pp. 150-171
Author(s):  
Bayu Miantoro
Keyword(s):  
United Nations ◽  
Money Laundering ◽  
Criminal Law ◽  
The State ◽  
Presumption Of Innocence ◽  
Government Officials ◽  
Normative Approach ◽  
Legal Instrument ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention against Corruption (UNCAC) provides states with the opportunity, by means of their national criminal law, to criminalize a number of diverse corruptive behaviors, inter alia, illicit enrichment. By using a legal normative approach, the author discusses the chances and obstacles Indonesia face when introducing illicit enrichment as a crime alongside other crimes regulated in the Law on (the eradication of) corruption and law re.  Money laundering.  Apparently the primary aim to criminalize illicit enrichment through the national criminal law is to provide the state with a legal instrument to recover assets the result of corruption or money laundering.  Attention should be given, however, on a number of obstacles coming from the interpretation of presumption of innocence principle and exiting regulation on the obligation for government officials to report their assets.

scholarly journals JUDGE DECISION AS AN ENGINEERING TOOL IN THE PREVENTION OF CORRUPTION AND MONEY LAUNDERING

2017 ◽  
Vol 1 (1) ◽  
pp. 113
Author(s):  
Oly Viana Agustine
Keyword(s):  
United Nations ◽  
Death Penalty ◽  
Money Laundering ◽  
House Of Representatives ◽  
Court Decision ◽  
Constitutional Court ◽  
Individual Candidate ◽  
United Nations Convention ◽  
The United Nations ◽  
The Individual

Preventing corruption and money laundering requires extra facilities and infrastructure, especially in the process of prosecution. Various measures have been taken by government to eradicate corruption and money laundering. Starting from anti-corruption education to the threat of death penalty for the convicted of corruption have been formulated and implemented in the Indonesian legislation. These measures, however, have not been able to provide maximum results in eradicating corruption and money laundering. Therefore, there should be several alternatives in preventing such cases by enhancing the effectiveness of the existing efforts, one of which is through judge decision. Judge decision, better known as one of the prosecution efforts, can also be made as an engineering tool to prevent corruption and money laundering. This can be seen in the Constitutional Court Decision that provides requirement restriction to the individual candidate for Regional Representative Council (DPD), House of Representatives (DPR), Regional House of Representatives either Provincial, Regency or City, regional head and deputy regional head and for ex-convict with the threat of 5 (five) years imprisonment or more, including corruption and money laundering. In addition, the United Nations Convention Against Corruption (UNCAC) has also provided guidelines on the decision against unauthorized wealth.

International Environmental Conventions on Biodiversity

2018 ◽  
Author(s):  
Matti Nummelin ◽  
Niko Urho
Keyword(s):  
United Nations ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Marine Biodiversity ◽  
International Convention ◽  
Food And Agriculture ◽  
Sixth Mass Extinction ◽  
United Nations Convention ◽  
The United Nations

Conservation and sustainable use of biodiversity have been in the center of policy creation for half a century. The main international biodiversity conventions and processes include the Convention on Biological Diversity (CBD) and its protocols, the Convention on Trade in Endangered Species of Wild Fauna and Flora (CITES), the Convention on Wetlands of International Importance (Ramsar Convention), the World Heritage Convention (WHC), the Convention on Conservation of Migratory Species of Wild Animals (CMS), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), the International Plant Protection Convention (IPPC), the Commission on Genetic Resources for Food and Agriculture (CGRFA), and the International Convention on the Regulation of Whaling (ICRW). The governance of marine biodiversity in areas beyond national jurisdiction (BBNJ) is also discussed, as political focus has shifted to the protection of the oceans and is expected to culminate in the adoption of a new international convention under the United Nations Convention on Law of Seas (UNCLOS). Other conventions and processes with links to biodiversity include the United Nations Convention to Combat Desertification (UNCCD), the United Nations Framework Convention on Climate Change (UNFCCC), and the United Nations Forum on Forests (UNFF). Despite the multitude of instruments, governments are faced with the fact that biodiversity loss is spiraling and international targets are not being met. The Earth’s sixth mass extinction event has led to various initiatives to fortify the relevance of biodiversity in the UN system and beyond to accelerate action on the ground. In face of an ever more complex international policy landscape on biodiversity, country delegates are seeking to enhance efficiency and reduce fragmentation by enhancing synergies among multilateral environmental agreements and strengthening their science−policy interface. Furthermore, biodiversity has been reflected throughout the 2030 Agenda on Sustainable Development and is gradually gaining more ground in the human rights context. The Global Pact for the Environment, a new international initiative that is aiming to reinforce soft law commitments and increase coherence among environmental treaties, holds the potential to influence and strengthen the way biodiversity conventions function, but extensive discussions are still needed before concrete action is agreed upon.

scholarly journals The Status of Hong Kong and Macao under the United Nations Convention on Contracts for the International Sale of Goods

2017 ◽  
Author(s):  
Ulrich G. Schroeter
Keyword(s):  
Hong Kong ◽  
United Nations ◽  
International Convention ◽  
Republic Of China ◽  
The United Kingdom ◽  
The Status ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
High Degree

16 Pace International Law Review (2004, 307-332The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG), the most important international convention unifying matters of international contract law, to an international sales contract according to Article 1(1)(a) CISG depends on both parties having their place of business in different Contracting States. The People's Republic of China was among the first States to ratify the CISG, meaning that all companies residing in the PRC do have - at least at first sight - their place of business in a Contracting State of the CISG. This result, however, causes difficulties when companies from Hong Kong and Macao are concerned, as these two territories were originally colonies of two States that did ratify the CISG (i.e. the United Kingdom and Portugal), and when returning to the PRC in 1997 resp. 1999, Hong Kong and Macao were given the status of Special Administrative Regions with a high degree of autonomy also in legal matters. Against this background, the present paper discusses the question of Hong Kong and Macao are to be treated as parts of a Contracting State under the CISG. It argues that the answer must be in the affirmative as Article 97 CISG expressly provides that a Contracting State comprising different territorial units has to make an express declaration if it selects not to apply the CISG to certain of its territorial units, and the PRC has not done so.

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.

Sign in / Sign up

Export Citation Format

Share Document