scholarly journals So near yet so far: implications of the Organised Crime and Anti-corruption Legislation Bill

2015 ◽  
Vol 11 (3) ◽  
Author(s):  
Michael McCaulay ◽  
Robert Gregory
Keyword(s):  
New Zealand ◽  
United Nations ◽  
Good Governance ◽  
Organised Crime ◽  
United Nations Convention ◽  
The United Nations ◽  
State Of Affairs

When is a bribe not a bribe? A surprisingly large number of times under current New Zealand law. So many, in fact, that its outdated legislation has regularly been cited as a key reason why, despite its deserved reputation for good governance, New Zealand remains one of very few signatories to the United Nations Convention against Corruption (UNCAC) that has yet to ratify it, alongside Syria, Bhutan, Barbados and Japan. The Organised Crime and Anti-corruption Legislation Bill (OCACL Bill) is explicitly designed to change this state of affairs. 

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’.

Part II UN Core Conventions on Transnational Organised Crime, 11 The United Nations Convention against Corruption and its Criminal Law Provisions

2016 ◽  
Author(s):  
Kubiciel Michael ◽  
Rink Anna Cornelia
Keyword(s):  
United Nations ◽  
International Development ◽  
International Cooperation ◽  
Criminal Law ◽  
Organised Crime ◽  
Overwhelming Majority ◽  
Asset Recovery ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention against Corruption (UNCAC) from 2003 marks the peak of a broad international development in the fight against corruption, which started in the early 1990s. In recent years, it has been signed and ratified by an overwhelming majority of states. Although the UNCAC is not just a criminal law convention, but encompasses a multitude of rules on prevention, asset recovery, and international cooperation, it also includes a comprehensive arsenal of criminal law provisions. This chapter explores the origin of the UNCAC as a whole and the background and scope of all its criminal law provisions, both mandatory and discretionary.

So Near Yet So Far

2016 ◽  
Vol 80 (1) ◽  
pp. 17-27 ◽  
Author(s):  
Michael Macaulay ◽  
Robert Gregory
Keyword(s):  
United Nations ◽  
Good Governance ◽  
Organised Crime ◽  
The United Nations ◽  
Legislative Changes

This article explores some of the implications that arise from New Zealand’s Organised Crime and Anti-Corruption Legislation Bill, (OCACL) which was passed into law on 5 November 2015 and comes into effect on 1 January 2016. As an Omnibus Bill, the OCACL makes amendments to twelve different Acts; chief among these are legislative changes pertaining to bribery and corruption. Despite New Zealand’s long-standing reputation for good governance it was one of the very few signatories that had still to ratify the United Nations Conventions Against Corruption (UNCAC). This article identifies a number of potential areas that potentially still do not meet UNCAC requirements, which begs questions not only of the Bill but of the utility of UNCAC itself. Furthermore the article explores a new offence of Trading in Influence, which we suggest has potentially far reaching consequences, in theory at least.

scholarly journals Serbia’s Action against Transnational Organised Crime

2016 ◽  
Vol 24 (2-3) ◽  
pp. 151-175 ◽  
Author(s):  
Tom Obokata ◽  
Aleksandar Boskovic ◽  
Nenad Radovic
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
International Law ◽  
Organised Crime ◽  
International Standards ◽  
Collective Actions ◽  
Investigative Techniques ◽  
United Nations Convention ◽  
The United Nations

This article examines the extent to which Serbia has implemented relevant international standards on action against transnational organised crime contained in the United Nations Convention against Transnational Organised Crime 2000. The first part explores key obligations with particular reference to prohibition of substantive offences, intelligence-led law enforcement (special investigative techniques), confiscation of criminal proceeds, as well as international law enforcement cooperation. The second part of the article analyses how these obligations are implemented by Serbia in reality by examining legislative frameworks as well as law enforcement practices. The main conclusion is that, while Serbia has taken some steps to implement international standards with a view to enhancing individual and collective actions against transnational organised crime, effective law enforcement is hampered by issues such as corruption and a lack of expertise, experience and resources.

scholarly journals Reconsidering Domestic Sale of Goods Remedies in Light of the CISG

2006 ◽  
Vol 37 (3) ◽  
pp. 421
Author(s):  
Nicholas Whittington
Keyword(s):  
New Zealand ◽  
United Nations ◽  
Communication Costs ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
International Sale Of Goods ◽  
International Sales ◽  
Domestic Sale

This article suggests that New Zealand should overhaul the remedies available for breach of sale of goods contracts.  It argues that the Sale of Goods Act 1908 should be repealed and the principles and provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) should be adopted in its place. This would have the effect of eliminating the unnecessary distinction currently made between domestic and international sale of goods, and finally ridding the law of the condition-warranty distinction which has become out of date and leads to uncertainty and injustice.  It is argued that the provisions of the CISG better respond to the transportation and communication costs and distances involved in international sales, considerations which are not insignificant in trade within New Zealand and, consequently, justify a similar approach domestically.

Logical Structure of Contract Law System - For Constructing a Knowledge Base of the United Nations Convention on Contracts for the International Sale of Goods -

1998 ◽  
Vol 2 (1) ◽  
pp. 2-11 ◽  
Author(s):  
Hajime Yoshino ◽  
Keyword(s):  
United Nations ◽  
Knowledge Base ◽  
Logical Structure ◽  
Contract Law ◽  
Deductive System ◽  
Law System ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
State Of Affairs

In order to construct a deductive legal knowledge base, it is necessary first to clarify the structure of the law as a deductive system from which a legal judgement can be justified as a conclusion of logical deduction together with relevant facts. As the legal state of affairs changes according to the time progress of an event, a clarified logical model of law is necessary to enable us to deduce changes among legal relationships over time from the beginning to the end of a case. This study presents such a model based on Logical Jurisprudence, in which the relationship between legal sentences and the legal meta sentences regulating the validity of legal sentences plays a definitive role. The model is applied to the United Nations Convention on Contracts for the International Sale of Goods (CISG) to develop a deductive knowledge base. The deductive structure of the contract law is clarified so that appropriate answers are deduced to questions about legal state of affairs at any time point as a results of the application of CISG provisions to a concrete case.

Sign in / Sign up

Export Citation Format

Share Document