scholarly journals Coordinating the Enforcement of Anti-Corruption Law: South American Experiences

2021 ◽  
Vol 54 (2) ◽  
pp. 160-199
Author(s):  
Kevin E. Davis ◽  
Guillermo Jorge ◽  
Maíra R. Machado

One of the most pressing challenges in anti-corruption law is whether and how to coordinate enforcement across multiple agencies, that is to say, under conditions of institutional multiplicity. One approach is modular enforcement, which involves dividing responsibility for enforcement among multiple institutions that are able, but not required, to coordinate their activities. The relatively impressive performance of Brazil’s anti-corruption agencies around the beginning of the twentieth century has been attributed to this kind of institutional modularity. We examine whether other similarly situated countries adopted the Brazilian approach. Specifically, we compare the extent to which the modular approach to anti-corruption enforcement was reflected in the national anti-corruption institutions of Brazil and five other South American countries as of 2014. We find little evidence that Brazil’s neighbors adopted the modular approach and suggest a variety of political, intellectual and institutional factors that may limit the attraction of institutional modularity outside the Brazilian context. Our analysis also demonstrates the value of an approach to comparative legal analysis which extends beyond the judiciary and the police to cover the full range of institutions involved in law enforcement.

2001 ◽  
Vol 10 (3) ◽  
pp. 223-226
Author(s):  
JOSEPH C. d'ORONZIO

The ideal of universal human rights is arguably the most potent moral concept marking the modern world. Its accelerated fruition in the last half of the twentieth century has created a powerful political force, laying the groundwork for future generations to extend and apply. Whereas anything resembling international legal status for human rights had to wait for the post-Nazi era, the bold proclamations of the Universal Declaration of Human Rights (UDHR, 1948) loosened a revolutionary force with endless potential for application to the full range of human endeavors. The roots of this movement can be traced to each and every era in which the vulnerable and powerless sought justification to oppose arbitrary domination. Its roots are, therefore, deep and wide.


2020 ◽  
Vol 12 ◽  
pp. 59-61
Author(s):  
Vladilen V. Strelnikov ◽  

The scientific article analyses issues related to the practical implementation of legal norms governing the procedure for disciplinary liability of prosecutors. A theoretical analysis of the interpretations of disciplinary responsibility in the public service formulated by leading legal scholars was carried out. A comparative legal analysis has been carried out of the regulations governing the procedure for the imposition of disciplinary penalties in State bodies, including law enforcement agencies and the legal documents governing these issues in the prosecutor’s office.


2020 ◽  
pp. 189-209
Author(s):  
Nataliia Voitovych

The aim of the research is to study the historical preconditions and legal regulation of surveillance in combating crime in the XIX century. At the same time, the author's goal is to compare peculiarities of the instruments of system fight against crime (the method of operational search actions, hereinafter - OSA) and covert investigative activities in countries with different forms of government and diverse political systems.The methodology of the research is: adherence to the principles of objectivity, scientificity and historicism contributed to consistent disclosure of preconditions, content and principles of surveillance as a measure and a method of OSA and covert investigative activities in combating and preventing crime actions. Mutual enrichment with historical and legal methods provided systemity of the research. Historical study of surveillance in combination with the study of regulatory legal acts created new opportunities for interdisciplinary research. The application of general scientific methods, namely systematization, generalization, problem-chronological, comparative-historical, historical-legal methods allowed to trace the influence of the legal component on the history of introduction and development of surveillance in the "long" XIX century and peculiarities of its usage in the conditions of the newly formed states and political systems in the interwar period.The scientific novelty lies in a detailed historical and legal analysis of the content of regulatory legal acts concerning legal grounds for surveillance, a comprehensive study of its content, gaps and peculiarities of usage in non-democratic political regimes.Conclusions. The article provides historical analysis of evolution and usage of surveillance, which has experienced several stages connected with improving the performance of security functions, in preventing crimes. The attention is focused on the most characteristic features of  implementing surveillance as a universal measure of obtaining information and distributing tasks between the states' law enforcement agencies and a means of combating representatives of political forces and structures constituting a real and hypothetical threat to the state / regime. The similarity of performing functions by law enforcement agencies (and the role of surveillance) in the conditions of different state formations, despite fundamental differences in the forms of government and the nature of political systems, is proved.


Author(s):  
Simon L. Lewis ◽  
Oliver L. Phillips ◽  
Timothy R. Baker ◽  
Jon Lloyd ◽  
Yadvinder Malhi ◽  
...  

BJHS Themes ◽  
2018 ◽  
Vol 3 ◽  
pp. 105-128
Author(s):  
BERNARDO JEFFERSON DE OLIVEIRA

AbstractIn the early twentieth century, encyclopedias addressed to children and youths became special reference works concerning science and technology education. In search of greater comprehension of this historical process, I analyse The Children's Encyclopedia’s representation of science and technology, and how it was re-edited by the North American publishing company that bought its copyrights and promoted its circulation in several countries. Furthermore, I examine how its contents were appropriated in its translations into Portuguese and Spanish, which circulated in Latin America in the first half of the twentieth century. The comparison between the different versions reveals that the writings of science and technology are practically the same, with significant changes only in literature and in the approach of historical and geographical themes. I then argue that, even keeping the scientific contents virtually unchanged, these versions of the encyclopedia gave it a new meaning, because of the contexts in which they circulated. Finally, I show how the appropriations of the encyclopedia contributed to the promotion of scientific values and technological innovation as the core development and as a model of civilization for South American nations.


2020 ◽  
Vol 18 (1) ◽  
pp. 147-168
Author(s):  
Salma Damak-Ayadi ◽  
Nesrine Sassi ◽  
Moujib Bahri

Purpose The purpose of this study is to identify the influence of environmental and institutional factors on the adoption of the International Financial Reporting Standard for small and medium-sized entities (IFRS for SMEs). This study used the neo-institutional theory and the economic theory of networks to explain why countries choose to adopt IFRS for SMEs. Design/methodology/approach This study is based on logistic regression analysis to investigate 177 countries, including 77 jurisdictions that adopted IFRS for SMEs between 2009 and 2015. Findings The findings confirm that the adoption of IFRS for SMEs is significantly related to law enforcement quality, culture, trading networks and economic growth. At the institutional level, coercive and normative isomorphism was found to be positively associated with IFRS for SMEs adoption. The results show also that the quality of the audit has no significant effect on the adoption of IFRS for SMEs. However, the joint effect of the quality of audit and quality of law enforcement is significantly related to the adoption of IFRS for SMEs. Practical implications The study contributes to a better understanding of the factors influencing the implementation of IFRS for SMEs standard across the globe and could be used to predict a country’s decision to adopt this standard. Originality/value This study contributes to the literature on international accounting harmonization by examining both environmental and institutional factors that influence the adoption of IFRS for unlisted private companies.


PMLA ◽  
2004 ◽  
Vol 119 (3) ◽  
pp. 474-481 ◽  
Author(s):  
Jane Donawerth

This essay is a feminist, historical exploration of body parts in short science fiction stories by women. In early-twentieth-century stories about prostheses, blood transfusion, and radioactive experiments, Clare Winger Harris, Kathleen Ludwick, and Judith Merril use body parts to explore fears of damage to masculine identity by war, of alienation of men from women, and of racial pollution. In stories from the last quarter of the twentieth century, the South American author Angélica Gorodischer depicts a housewife's escape from oppressive domestic technology through time travel in which she murders male leaders, while Eileen Gunn offers a critique of bioengineering and sociobiology, satirizing fears of women in modern business and of erasure of identity in global corporate structures. An end-of-the-century fiction by the African American Akua Lezli Hope imagines a black woman altered through cosmetic surgery to become a tenor sax and critiques technologies that transform women's bodies into cultural signifiers of social function and class.


1984 ◽  
Vol 27 (2) ◽  
pp. 309-335 ◽  
Author(s):  
Jennifer Davis

Of the three major innovations in law enforcement in nineteenth-century England, the penitentiaries, the new police and the stipendiary magistracy, the stipendiary magistracy came first. Three years before Patrick Colquhoun published his influential Treatise on the police of the metropolis, urging the foundation of a centralized preventative police force, the Middlesex Justices Act of 1792 established a system of paid magistrates for metropolitan London. The stipendiary magistracy sitting in police offices was further reformed in the 1820s and 1830s, the same decades which saw the organization of the metropolitan police. By 1838 the police courts had taken their final shape, remaining largely unaltered into the twentieth century. Side by side with the new police, stipendiary magistrates were the primary instruments of public order in Victorian London.


1966 ◽  
Vol 60 (4) ◽  
pp. 728-734
Author(s):  
Kenneth Carlston

To state the province and function of law in the control of war requires an understanding, in the broadest possible terms, of the nature of interstate conflict in the twentieth century. When such an understanding is reached, it will be seen that the traditional methodology of international law is inadequate for handling war-peace issues. While international lawyers should be faithful to the legal tradition of fact inquiry and judgment on the basis of legal norms, they should enlarge their perspective of international conflict and restructure their approach to the problem of war. The elaboration of this thesis is the subject of this note.


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