The United Nations Convention Against Corruption
A Commentary
Series: Oxford Commentaries on International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 4 February 2019
- ISBN 9780198803959
- Binding Hardback
- No. of pages792 pages
- Size 249x180x48 mm
- Weight 1532 g
- Language English 0
Categories
Short description:
This volume provides an article-by-article commentary of the United Nations Convention against Corruption (UNCAC), which entered into force in 2005. Each chapter discusses the relevant travaux préparatoires, the text of the final article, and examples of domestic implementing legislation.
MoreLong description:
The United Nations Convention against Corruption includes 71 articles, and takes a notably comprehensive approach to the problem of corruption, as it addresses prevention, criminalization, international cooperation, and asset recovery. Since it came into force more than a decade ago, the Convention has attracted nearly universal participation by states. As a global and comprehensive convention, which establishes new rules in several areas of anti-corruption law and helps shape domestic laws and policies around the world, this treaty calls for scholarly study.
This volume helps to fill a gap in existing academic literature by providing an invaluable reference work on the Convention. It provides systematic coverage of the treaty, with each chapter discussing the relevant travaux préparatoires, the text of the final article, comparisons with other anti-corruption treaties, and available information about domestic implementing legislation and enforcement.
This commentary is designed to serve as a reference work for academics, lawyers, and policy-makers working in the anti-corruption field, and in the fields of transnational criminal law and domestic criminal law. Contributors include anti-corruption experts, scholars, and legal practitioners from around the globe.
Table of Contents:
Introduction
Preamble
CHAPTER I: GENERAL PROVISIONS
Article 1. Statement of purpose
Article 2. Use of terms
Article 3. Scope of application
Article 4. Protection of sovereignty
CHAPTER II: PREVENTIVE MEASURES
Article 5. Preventive anti-corruption policies and practices
Article 6. Preventive anti-corruption body or bodies
Article 7. Public sector
Article 8. Codes of conduct for public officials
Article 9. Public procurement and management of public finances
Article 10. Public reporting
Article 11. Measures relating to the judiciary and prosecution services
Article 12. Private sector
Article 13. Participation of society
Article 14. Measures to prevent money-laundering
CHAPTER III: CRIMINALIZATION AND LAW ENFORCEMENT
Article 15. Bribery of national public officials
Article 16. Bribery of foreign public officials and officials of public international organizations
Article 17. Embezzlement, misappropriation or other diversion of property by a public official
Article 18. Trading in influence
Article 19. Abuse of functions
Article 20. Illicit enrichment
Article 21. Bribery in the private sector
Article 22. Embezzlement of property in the private sector
Article 23. Laundering of proceeds of crime
Article 24. Concealment
Article 25. Obstruction of justice
Article 26. Liability of legal persons
Article 27. Participation and attempt
Article 28. Knowledge, intent and purpose as elements of an offence
Article 29. Statute of limitations
Article 30. Prosecution, adjudication and sanctions
Article 31. Freezing, seizure and confiscation
Article 32. Protection of witnesses, experts and victims
Article 33. Protection of reporting persons
Article 34. Consequences of acts of corruption
Article 35. Compensation for damage
Article 36. Specialized authorities
Article 37. Cooperation with law enforcement authorities
Article 38. Cooperation between national authorities
Article 39. Cooperation between national authorities and the private sector
Article 40. Bank secrecy
Article 41. Criminal record
Article 42. Jurisdiction
CHAPTER IV: INTERNATIONAL COOPERATION
Article 43. International cooperation
Article 44. Extradition
Article 45. Transfer of sentenced persons
Article 46. Mutual legal assistance
Article 47. Transfer of criminal proceedings
Article 48. Law enforcement cooperation
Article 49. Joint investigations
Article 50. Special investigative techniques
CHAPTER V: ASSET RECOVERY
Article 51. General provision
Article 52. Prevention and detection of transfers of proceeds of crime
Article 53. Measures for direct recovery of property
Article 54. Mechanisms for recovery of property through international cooperation in confiscation
Article 55. International cooperation for purposes of confiscation
Article 56. Special cooperation
Article 57. Return and disposal of assets
Article 58. Financial intelligence unit
Article 59. Bilateral and multilateral agreements and arrangements
CHAPTER VI: TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE
Article 60. Training and technical assistance
Article 61. Collection, exchange and analysis of information on corruption
Article 62. Other measures: implementation of the Convention through economic development and technical assistance
CHAPTER VII: MECHANISMS FOR IMPLEMENTATION
Article 63. Conference of the States Parties to the Convention
Article 64. Secretariat
CHAPTER VIII: FINAL PROVISIONS
Article 65. Implementation of the Convention
Article 66. Settlement of disputes
Article 67. Signature, ratification, acceptance, approval and accession
Article 68. Entry into force
Article 69. Amendment
Article 70. Denunciation
Article 71. Depositary and languages
