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Ownership of Proceeds of Corruption in International Law


ISBN13: 9780192867834
Published: November 2023
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00



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Recovery of proceeds deriving from corruption is now increasingly recognised as a principle of contemporary international law. However, people's sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resources - and by extension, the proceeds of corruption - should be exclusively exercised by States.

Olaniyan's Ownership of Proceeds of Corruption in International Law examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. Focusing on victims of corruption, the book argues that victim-states' populations ought to be empowered to pursue grand corruption and asset recovery actions against their governments. It proposes theoretical and legal remedies for recovering proceeds of corruption, encouraging the development of domestic laws.

Subjects:
Public International Law
Contents:
PART I: CONCEPTUAL FRAMEWORKS
1:Introduction
2:Concepts and Theories
3:Links between Corruption in the Public Sector and Private Sector
PART II: LEGAL AND INSTITUTIONAL FRAMEWORKS
4:International Legal Rules on Proceeds Deriving from Corruption and Main Legal Challenges
5:Institutional Frameworks
6:International Cooperation and Assistance
PART III: TOWARDS A COHERENT FOUNDATION FOR JUSTICE AND REMEDIES FOR VICTIMS OF CORRUPTION
7:Justice and Remedies for Victims of Corruption
8:Conclusions: Sovereign and Ownership Rights of Proceeds Deriving from Corruption: Suggestions for Reforms