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’.

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 So many, in fact, that its outdated legislation has regularly been cited as a key reason why, despite its deserved reputation for good governance, New Zealand remains one of very few signatories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. 

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.

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.

scholarly journals BASIS FOR PROPOSAL OF ENFORCEMENT OF THE FOREIGN SOVEREIGN IMMUNITIES ACT IN VIETNAM

2014 ◽  
Vol 17 (4) ◽  
pp. 112-132
Author(s):  
Tuan Quoc Banh
Keyword(s):  
United Nations ◽  
Theoretical Basis ◽  
International Experience ◽  
State Immunity ◽  
The World ◽  
United Nations Convention ◽  
The Creation ◽  
The United Nations

Through analyzing the formation and development of doctrine of state immunity and the international experience in creating laws to concretize the contents of immunity right, such as the United Nations Convention on Jurisdictional Immunities of States and their Property 2004 and national act of typical nations in the world, the author clarifies theoretical basis for the creation of the foreign sovereign immunities act in Vietnam as well as proposes some fundamental issues concerning the content of the act.

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.

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