Suchergebnisse

Intro -- Corruption and Targeted Sanctions: Law and Policy of Anti-corruption Entry Bans -- Copyright -- Contents -- Acknowledgments -- Abbreviations and Acronyms -- 1 Corruption, Entry Sanctions and International Law -- 1 A Tale of Two Presidents -- 2 Corruption, Impunity and Targeted Sanctions -- 3 Academic Reaction to Anti-corruption Sanctions -- 4 Anti-corruption Bans and International Law -- 4.1 Why Corruption and Denial of Entry? -- 4.2 Applicable Rules of International Law -- 4.3 Terminological Clarifications -- 2 Development of the Policy -- 1 Introduction -- 2 US President's Proclamations and Executive Orders -- 2.1 Presidential Proclamation 7750 -- 2.2 Executive Orders -- 3 US Federal Laws -- 3.1 Consolidated Appropriations Acts 2008-2018 -- 3.2 Magnitsky Act 2012 -- 3.3 Global Magnitsky Act 2016 -- 3.4 Challenging the Two 'Magnitsky' Acts -- 4 International Practice -- 4.1 International Organisations -- 4.2 States Other Than US -- 5 Conclusion -- 3 Entry Sanctions as an Anti-corruption Policy -- 1 Introduction -- 2 What is Corruption? -- 2.1 Definitions -- 2.2 Grey Areas -- 2.3 Consequences of Corruption -- 2.4 Grand Corruption -- 3 International Policies against Corruption -- 3.1 Foreign Bribery Laws -- 3.2 Anti-money Laundering Laws -- 4 Added Value of Entry Sanctions -- 4.1 Why Counteract Foreign Corruption? -- 4.2 Purposes of Anti-corruption Entry Bans -- 5 Conclusion -- 4 Legal Protections against Denial of Entry -- 1 Introduction -- 2 Entry Sanctions and Crime -- 2.1 Exclusion or Expulsion of Foreigners -- 2.2 Targeted Sanctions -- 3 Private Life, Family Life or Home -- 3.1 Expulsion -- 3.2 Exclusion -- 3.3 Family Members or Close Associates -- 3.4 Conclusion -- 4 Property -- 4.1 Customary International Law -- 4.2 European Convention on Human Rights -- 4.3 Conclusion -- 5 Citizens and Permanent Residents -- 5.1 Citizens.

Abstract
The freezing of the Russian Central Bank's (CBR) foreign currency reserves in the aftermath of Russia's full-scale invasion of Ukraine has been unparalleled in terms of the amounts involved and the swiftness of its international coordination. Despite the scepticism in some quarters of unilateral sanctions writ large, the key issue under international law is the compatibility of such measures with state immunity. Specifically, two questions arise. The first one is whether the law of state immunity allows for executive, as opposed to judicial, freezing of central bank property. The second one is whether, even if such measures were otherwise in breach of international law, circumstances precluding wrongfulness nonetheless render them lawful. As this article shows, the answer to the first question is finely balanced, but it is virtually certain that the ongoing attachment of the CBR's assets constitutes lawful countermeasures.

AbstractEconomic sanctions have been the West's response of choice to Russia's full-scale aggression in Ukraine. Predictably, speculation abounds as to what these sanctions portend for future responses to acts of interstate aggression. The principles underpinning the "trading with the enemy" laws of a seemingly bygone era have resurfaced but applied not to the sanctioning powers' own enemies but in solidarity with another state, at least insofar as the breaches of erga omnes obligations through armed aggression are concerned. The contemporary expansion in sanctions practice may have far-reaching repercussions.

AbstractArticle 51 of the United Nations Convention against Corruption sets forth the return of assets diverted through corruption as a fundamental principle of the Convention. This raises the question of whether the State where the stolen assets are located is entitled to refuse their repatriation or subject it to certain conditions. This article analyses the Convention and the policy considerations behind it and argues that such a State has a wider discretion over the return of stolen assets than is often thought. Furthermore, the article argues that the rule of law may be better served if States take vigorous action to confiscate the proceeds of corruption regardless of whether they are ultimately repatriated.

On December 7, 2016, the International Court of Justice (ICJ) made an order indicating provisional measures in Immunities and Criminal Proceedings (Equatorial Guinea v. France), a case concerning the trial of Equatorial Guinea's second vice-president in charge of defense and security, Teodoro Nguema Obiang Mangue, for alleged money laundering in France. This ongoing case highlights the expansive jurisdictional reach of anti-money laundering laws but so far offers no guidance as to whether it may be limited by official immunities or the principle of non-interference in the internal affairs of states.

"The increasing prevalence of transnational crime in a mobile and interconnected world presents serious challenges, both in terms of analysing these issues and attempting to tackle and prevent them. This Research Handbook on Transnational Crime is an interdisciplinary, up-to-date guide to this growing field, written by an international cohort of leading scholars and experts. The multifaceted nature of the problem is reflected in the structure of this innovative Research Handbook, covering all the major areas of transnational crime, including terrorism, money laundering, environmental crime, migration-related crime, human trafficking, drug trafficking, cybercrime and heritage crime. Each sector is examined through three dedicated chapters that consider in turn legal responses to a given crime, its current criminological understanding, and the practical challenges of policing and prosecution, providing a well-rounded, detailed discussion of each topic. This timely Research Handbook also includes chapters focusing on responses to transnational crime in specific regions, including the EU, the African Union, Asia, South America and ex-Soviet Union countries. This Research Handbook will be crucial reading for academics and students with an interest in criminal justice and criminology, particularly those working on international and transnational crime. Policymakers and practitioners will also find its insights into practical challenges in the field invaluable"--