scholarly journals The Challenges of Political Corruption in Australia, the Proposed Commonwealth Integrity Commission Bill (2020) and the Application of the APUNCAC

Laws ◽  
2022 ◽  
Vol 11 (1) ◽  
pp. 7
Author(s):  
Marie J. dela Rama ◽  
Michael E. Lester ◽  
Warren Staples
Keyword(s):  
Political Corruption ◽  
Revolving Door ◽  
General Assembly ◽  
Nation State ◽  
Political Systems ◽  
Proactive Approach ◽  
Government Institutions ◽  
Un General Assembly ◽  
Institutional Model ◽  
Corrupt Behavior

Political corruption affects each nation-state differently, but the outcomes are nominally the same: a deficit of public trust, weakened government institutions and undermined political systems. This article analyzes issues of political corruption in Australia by framing them within a national integrity ecosystem (NIE) and addressing them against the proposed Commonwealth Integrity Commission (CIC) 2020 bill. It also discusses prevalent ‘grey’ areas of Australian politically-corrupt behavior where they interact with the private sector: the revolving door, political donations, and lobbying; and the state of Australia’s implementation of the OECD Anti-Bribery Convention. This article argues for their inclusion within the mandated scope of the proposed CIC. There is a need for strong legislation, both domestic and international, to fight corruption. This article then discusses the application of the provisions of the draft Anticorruption Protocol to the UN Convention Against Corruption (APUNCAC) that may apply with respect to these ‘grey’ issues, and how an International Anti-Corruption Court may provide another institutional model for Australia to follow. Finally, this article links these proposals to the 2021 UN General Assembly Special Session (UNGASS) on Corruption and the 9th Conference of States Parties on the UNCAC (COSP9). These events illustrate multilateral momentum and progress on anti-corruption. As a country that has historically supported the UN multilateral framework and its institutions, this article recommends a proactive approach for Australia so that the passing of a strong domestic anticorruption initiative will contribute to the adoption, and eventual ratification, of the APUNCAC.

The Case for a United Nations Parliamentary Assembly as a Means of Promoting Just Security

2018 ◽  
Author(s):  
Luis Cabrera
Keyword(s):  
United Nations ◽  
General Assembly ◽  
Democratic Accountability ◽  
Un General Assembly ◽  
The Creation ◽  
Near Term ◽  
Over Time

This chapter explores the case for a more formalized United Nations parliamentary assembly, including the potential oversight, accountability, and (ultimately) co-decision roles that such a body could play alongside the UN General Assembly. Given difficulties in expecting national parliamentarians to perform such functions continuously, a UN assembly is found to hold greater potential for promoting key UN system aims in the areas of security, justice, and democratic accountability, even as the existing Inter-Parliamentary Union continued to play some important complementary roles. Learning from relevant global and regional parliamentary bodies, the chapter outlines concrete steps toward developing a parliamentary assembly over time, including the creation of a more informal UN network of UN-focused national parliamentarians in the near term.

The UN Global Compact for Safe, Orderly and Regular Migration: to what extent are human rights and sustainable development mutually compatible in the field of migration?

2020 ◽  
Vol 16 (3) ◽  
pp. 239-252
Author(s):  
Elspeth Guild
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
General Assembly ◽  
Global Compact ◽  
Un Global Compact ◽  
Agenda 2030 ◽  
Development Framework ◽  
Development Agenda ◽  
Un General Assembly

AbstractIn this contribution, I examine the links between the human rights basis of the UN Global Compact for Safe, Orderly and Regular Migration (GCM) and its embeddedness in the UN Sustainable Development Agenda 2030. While the GCM grew out of a development framework, it was rapidly incorporated into the UN human rights system. Even during the negotiation of the GCM, human rights took priority over development. The resistance that was manifested against the GCM on its endorsement by the UN General Assembly was directed not against its development links, but rather concerns about its human rights impact. This paper examines the placing of migration in this dual framework and the ways in which outcomes compatible with both are achievable.

France Accused: French North Africa before the United Nations, 1952–1962

2001 ◽  
Vol 10 (1) ◽  
pp. 91-121 ◽  
Author(s):  
Martin Thomas
Keyword(s):  
New York ◽  
United Nations ◽  
North Africa ◽  
General Assembly ◽  
Algerian War ◽  
North African ◽  
Un General Assembly ◽  
The United Nations ◽  
Nationalist Parties ◽  
Major General

In the decade after 1952 France faced sustained United Nations criticism of its colonial policies in north Africa. As membership of the UN General Assembly expanded, support for the non-aligned states of the Afro-Asian bloc increased. North African nationalist parties established their permanent offices in New York to press their case for independence. Tracing UN consideration of French North Africa from the first major General Assembly discussion of Tunisia in 1952 to the end of the Algerian war in 1962, this article considers the tactics employed on both sides of the colonial/anti-colonial divide to manipulate the UN Charter's ambiguities over the rights of colonial powers and the jurisdiction of the General Assembly in colonial disputes.

The preparation of special sessions of the UN general assembly on disarmament

Paradigms ◽  
1990 ◽  
Vol 4 (1) ◽  
pp. 1-8
Author(s):  
J‐F. Guilhaudis ◽  
A.J.R. Groom
Keyword(s):  
General Assembly ◽  
Un General Assembly

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

Self-Determination during the Cold War: UN General Assembly Resolution 1514 (1960), the Prohibition of Partition, and the Establishment of the British Indian Ocean Territory (1965)

2016 ◽  
Vol 19 (1) ◽  
pp. 419-468 ◽  
Author(s):  
Victor Kattan
Keyword(s):  
Indian Ocean ◽  
West Africa ◽  
International Law ◽  
Self Determination ◽  
General Assembly ◽  
Customary International Law ◽  
The United Kingdom ◽  
South West ◽  
South West Africa ◽  
Un General Assembly

This article uses the history of partition to assess when self-determination became a rule of customary international law prohibiting partition as a method of decolonization. In so doing it revisits the partitions of Indochina, Korea, India, Palestine, Cyprus, South Africa, and South West Africa, and explains that UN practice underwent a transformation when the UN General Assembly opposed the United Kingdom’s partition proposals for Cyprus in 1958. Two years later, the UN General Assembly condemned any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country in Resolution 1514 (1960). The illegality of partition under customary international law was raised during the second phase of the South West Africa Cases (1960–1966) in respect of South Africa’s homelands policy, but the International Court of Justice (ICJ) infamously did not address the merits of those cases. The illegality of partition was also raised in the arbitration between the United Kingdom and Mauritius over the establishment of the British Indian Ocean Territory in 1965. Like the ICJ in the South West Africa Cases, the Arbitral Tribunal decided that it did not have jurisdiction to address the legality of the British excision of the Chagos Archipelago from Mauritius, even though the legality of the excision was argued at length between counsels for Mauritius and the United Kingdom in their oral pleadings and written statements. However, in their joint dissenting opinion, Judge Rüdiger Wolfrum and Judge James Kateka expressed their opinion that self-determination had developed before 1965, and that consequently the partition was unlawful. This paper agrees that selfdetermination prohibited the partition of Mauritius to establish the British Indian Ocean Territory, a new colony, in 1965 although self-determination probably did not emerge as a rule of customary international law until the adoption of the human rights covenants in 1966, after the excision of the Chagos Archipelago in 1965, but before the passage of the Mauritius Independence Act in 1968.

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