{"title":"Working Paper 7: The political economy of asset recovery processes","authors":"I. Pavletic","doi":"10.12685/bigwp.2009.7.1-32","DOIUrl":"https://doi.org/10.12685/bigwp.2009.7.1-32","url":null,"abstract":"Since the mid-1990s, the fight against corruption has become an integral part of the international development agenda. Along with the growing concern about corruption, the problem of assets stolen by public officials came to the fore of the agenda. This is evidenced by a steady increase in international agreements, such as the Organisation for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted in 1997, and the United Nations Convention against Corruption (UNCAC) signed in 2003. The UNCAC, in particular, includes specific mechanisms that facilitate repatriation of stolen public assets. \u0000Since political will is the concentrated expression of powerful political and economic interests in a country, more attention must be paid to these interests when it comes to asset recovery measures. This is the aim of the working paper. \u0000By using the political economy framework, the paper identifies the political and institutional obstacles to effective policy implementation. The focus will be on the factors involved in the process of international recovery of stolen assets, although this process can and should not be analysed separately from the broader challenge of the fight against corruption. Both these issues are interrelated and can have a significant impact on each other.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128136473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Working Paper 6: Managing proceeds of asset recovery","authors":"I. Jimu","doi":"10.12685/bigwp.2009.6.1-24","DOIUrl":"https://doi.org/10.12685/bigwp.2009.6.1-24","url":null,"abstract":"This paper looks at the use of proceeds of asset recovered from Sani Abacha, Vladimir Montesinos, and Ferdinand Marcos and their families. It will also briefly address a much more recent case involving Kazakhstan. \u0000Repatriation of stolen monies makes available additional resources for development activities. The challenge is to ensure efficient, accountable and transparent use of such assets, given states may lack capacity or political will and that corruption may be prevalent at various levels of government. \u0000Transparency allows for better utilisation of recovered assets, and better targeting of resources into sectors that have potential to benefit the victims of corruption, who happen to be mostly the poor. Lack of effective follow up mechanisms may lead to the inappropriate allocation of resources into sectors that have little effect on alleviating poverty. \u0000The cases under review here offer lessons on how to manage repatriation and utilisation of proceeds of asset recovery. Further lessons relate to the participation of third parties and the benefits of making the results of the entire process public.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133191298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Working Paper 5: Poverty and corruption","authors":"Lucy Koechlin","doi":"10.12685/bigwp.2008.5.1-21","DOIUrl":"https://doi.org/10.12685/bigwp.2008.5.1-21","url":null,"abstract":"The Millennium Development Goals were adopted by the global community under the aegis of the UN in 2000. The first of these goals aims at halving absolute poverty of the about 1.1 billion people who live on less than 1 US dollar a day. \u0000Although poverty reduction has always been an important concern of development policy, the Millennium Development Goals have brought it back onto centre stage with renewed vigour, in that joint efforts to reduce poverty worldwide has become a moral as well as financial obligation of the global community. Just a glance at the global development indicators reveals how urgent the renewed efforts to fight extreme poverty, especially – and not surprisingly – in least developed countries. \u0000According to the UN statistics the number of persons living in extreme poverty has decreased slightly between 1990 and 2001; but it is still estimated that worldwide still approximately one billion people live on less than 1 US dollar a day.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131302214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mark Pieth, Lukas Handschin, H. Bauer, Gretta Fenner
{"title":"Working Paper 3: Verhaltensregeln für die Verwaltung von Vorsorgeeinrichtungen","authors":"Mark Pieth, Lukas Handschin, H. Bauer, Gretta Fenner","doi":"10.12685/bigwp.2007.3.1-48","DOIUrl":"https://doi.org/10.12685/bigwp.2007.3.1-48","url":null,"abstract":"Eine ganze Reihe von Problemfällen hat zu einer breiten Diskussion über das Verhalten der Verantwortlichen für Vorsorgeeinrichtungen geführt, insbesondere bei der internen und externen Verwaltung der Vorsorgevermögens, und aufgezeigt, dass beachtliche Defizite bestehen, vor allem wenn Vergleiche mit anderen professionellen Vermögensverwaltern, wie Banken, gezogen werden.\u0000Im Vordergrund muss der Schutz des guten Rufs der einzelnen Vorsorgeeinrichtung sowie das Vertrauen der Begünstigten in die Integrität der mit der Verwaltung dieses Sozialkapitals Betrauten stehen. Grundsätzlich sollten deshalb an Vorsorgeeinrichtungen, was den guten Ruf ihrer obersten Organe und die Gewährleistung der Ordnungsmässigkeit angeht, vergleichbare Anforderungen gestellt werden.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"218 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121848747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Working Paper 4: An evaluation of national integrity systems from a human rights perspective","authors":"Lucy Koechlin","doi":"10.12685/bigwp.2007.4.1-29","DOIUrl":"https://doi.org/10.12685/bigwp.2007.4.1-29","url":null,"abstract":"In the past decade the prevention of corruption has been recognised as a prerequisite for sustainable and equitable development. Academics, policy-makers and activists working towards such governance reforms have come a long way in the relatively short period since corruption has been actively addressed both in the North and the South. \u0000However, corruption remains a serious problem in many societies, sectors and international transactions, affecting the lives of millions of people who go about their daily business. Transparency International, an international non-governmental organisation against corruption, was one of the first and certainly the most influential NGO to break the spell and speak out against corruption worldwide. In order to support and inform its policy approaches, Transparency International framed an approach called the National Integrity System to better understand the interdependent causes of corruption and to address them more effectively. \u0000Strikingly, however, this approach does not draw from or have any linkages with the rights-based approach to development, which has gained tremendous momentum in the same period. This is all the more noteworthy as both the causes and consequences of corruption have obvious linkages with human rights violations. \u0000Given this disconnection between the two discourses, the following contribution is aimed at illuminating both approaches individually with regard to their merits in preventing corruption, and trying to define synergies and potential areas of dialogue and interaction. \u0000It is structured in the following way: first, the rights-based approach to development will be outlined briefly; second, the concept of the National Integrity System will be elaborated, with particular emphasis on, thirdly, the NIS country reports, and fourthly conclusions will be drawn from the comparison of the two approaches.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132658510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Working Paper 2: Multistakeholder initiatives to combat money laundering and bribery","authors":"M. Pieth","doi":"10.12685/bigwp.2006.2.1-20","DOIUrl":"https://doi.org/10.12685/bigwp.2006.2.1-20","url":null,"abstract":"Intensified economic globalisation has had positive and negative effects. It has left nation states struggling to deal with the negative fall-out. National regulation against abuses has, however, proven increasingly ineffective, especially since companies have the freedom to move their hazardous activities to under-regulated areas. \u0000States have stepped up cooperation and coordination on a bilateral as well as a multilateral basis: international organisations and treaties become more and more relevant to the regulation of international trade relations. However, the traditional instruments of international law are frequently considered too cumbersome and slow. \u0000Increasingly international law is created by unconventional means: ‘task forces’ prove to be far more expedient, since they prefer ‘soft law’ to treaty law. Political enforcement by peer-pressure becomes more relevant than by juridical instruments (e.g. courts and tribunals). Furthermore, regulation goes well beyond law-making by legislators and government bodies; non-state actors contribute extensively, especially in the area of regulating international trade relations.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"262 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133565758","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Working Paper 1: Anti-money laundering","authors":"G. Aiolfi, M. Pieth","doi":"10.12685/bigwp.2012.1.1-48","DOIUrl":"https://doi.org/10.12685/bigwp.2012.1.1-48","url":null,"abstract":"Switzerland is frequently accused of being reluctant to take thorough measures to fight money laundering. Both the Swiss authorities and the banks in Switzerland strongly reject such accusations. We are convinced that our anti-money laundering measures are best market practice. \u0000What are the reasons for these markedly different viewpoints? Can they be explained by conceptual differences? Are the negative statements the result of insufficient knowledge of our legal provisions, or are they simply motivated by the political desire of the respective commentators to divert public attention from the deficient anti-money laundering policies in their own countries? \u0000A comparison of our measures with the most important competing financial centres could help to answer these questions. The SFS Stiftung Finanzplatz Schweiz – a foundation initiated by the foreign banks in Switzerland – commissioned Professor Mark Pieth of the Basel Institute on Governance to conduct a comparative study of anti-money laundering regulations in the UK, the US and Singapore, the three financial centres which closely compete with the Swiss private banking sector. Professor Pieth is a renowned expert in the field and has close contacts with the international experts who also contributed to the project with in-depth country studies.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115826641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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