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Article
Publication date: 1 July 2014

Daniele Canestri

The purpose of this paper is to compare a new anti-corruption law approved by the Italian Parliament in November 2012 with Italian treaty obligations, the international…

Abstract

Purpose

The purpose of this paper is to compare a new anti-corruption law approved by the Italian Parliament in November 2012 with Italian treaty obligations, the international evaluation reports on the Italian anti-corruption regime elaborated by the Organisation for Economic Co-operation and Development (OECD) and the Council of Europe, the best practice guidelines and other European models. The year 2012 has marked a turning point in Italian anti-corruption policy. In response to the low ranking that Italy has in all international anti-corruption indices, the critiques expressed in international reports on its anti-corruption regime, and the increasing pressure of public opinion, the Italian parliament approved the new anti-corruption law.

Design/methodology/approach

The Law was preceded by critiques in the mass media and has been labelled as a token act. To evaluate the effectiveness of the steps undertaken by the Italian Parliament, this paper compares the new law with Italian treaty obligations, the international evaluation reports on the Italian anti-corruption regime elaborated by the OECD and the Council of Europe, the best practice guidelines and other European models (i.e. the UK Bribery Act).

Findings

This comparison gives the author the opportunity not only to identify the strengths and weaknesses of the law but also to suggest efficient solutions that the Italian legislator could have adopted.

Originality/value

So far, this is the only analysis in English of the changes introduced in the Italian anti-corruption regime in 2012. Several international colleagues and practitioners have asked the author about the new regime and it was therefore deemed appropriate to address the issue in an academic article.

Details

Journal of Financial Crime, vol. 21 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Content available
Article
Publication date: 10 May 2021

Olusola Joshua Olujobi

This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.

Abstract

Purpose

This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.

Design/methodology/approach

This study is a doctrinal legal research that embraces a point-by-point comparative methodology with a library research technique.

Findings

This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Finally, this study finds that anti-corruption organisations in Nigeria are not efficient due to non-existence of the Federal Government’s political will to fight corruption, insufficient funds and absence of stringent implementation of the anti-corruption legal regime in the country.

Research limitations/implications

Investigations reveal during this study that Nigerian National Petroleum Corporation (NNPC) operations are characterised with poor record-keeping, lack of accountability as well as secrecy in the award of oil contracts, oil licence, leases and other financial transactions due to non-disclosure or confidentiality clauses contained in most of these contracts. Also, an arbitration proceeding limit access to their records and some of these agreements under contentions. This has also limited the success of this research work and generalising its findings.

Practical implications

This study recommends, among other reforms, soft law technique and stringent execution of anti-corruption statutes. This study also recommends increment in financial appropriation to Nigeria’s anti-corruption institutions, taking into consideration the finding that a meagre budget is a drawback.

Social implications

This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Corruption flourishes due to poor enforcement of anti-corruption laws and the absence of political will in offering efficient regulatory intervention by the government.

Originality/value

The study advocates the need for enhancement of anti-corruption agencies' budgets taking into consideration the finding that meagres budgets are challenge of the agencies.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

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Book part
Publication date: 4 August 2008

Jon S.T. Quah

Corruption is a serious problem in many Asian countries, judging from their ranking and scores on Transparency International's Corruption Perceptions Index (CPI). To…

Abstract

Corruption is a serious problem in many Asian countries, judging from their ranking and scores on Transparency International's Corruption Perceptions Index (CPI). To combat corruption these countries have relied on three patterns of corruption control. The first pattern relies on the enactment of anti-corruption laws without a specific agency to enforce these laws. For example in Mongolia, the Law on Anti-Corruption that was introduced in April 1996 is jointly implemented by the police, the General Prosecutor's Office, and the courts (Quah, 2003a, p. 44)1. The second pattern involves the implementation of anti-corruption laws by several anti-corruption agencies. In India, the Prevention of Corruption Act (POCA) is implemented by the Central Bureau of Investigation (CBI), the Central Vigilance Commission (CVC), and the anti-corruption bureaus and vigilance commissions at the state level (Quah, 2003a, p. 66). Similarly, the Philippines has relied on 18 anti-corruption agencies to enforce the many anti-corruption laws since the Integrity Board was formed by President Quirino in May 1950 (Batalla, 2001, p. 47; Oyamada, 2005, pp. 99–101).

Details

Comparative Governance Reform in Asia: Democracy, Corruption, and Government Trust
Type: Book
ISBN: 978-1-84663-996-8

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Book part
Publication date: 4 August 2008

Pan Suk Kim

Since South Korea gained a substantial degree of political and economic development, the South Korean government has tried to eradicate corruption by introducing…

Abstract

Since South Korea gained a substantial degree of political and economic development, the South Korean government has tried to eradicate corruption by introducing institutional frameworks in addition to a number of new laws and institutions. As a matter of fact, the Transparency International's Corruption Perceptions Index score of South Korea is improving over time, but it still far behind other leading countries. The purpose of this chapter is to review the South Korean government's efforts at curbing corruption. This chapter first reviews the development of major anti-corruption infrastructure such as the anti-corruption legislation and the South Korean government's independent agency for anti-corruption, followed by discussion of the development of major anti-corruption measures, the international evaluation on corruption, and the role of civil society in curbing corruption. After that, there is a discussion of policy implications and the conclusion.

Details

Comparative Governance Reform in Asia: Democracy, Corruption, and Government Trust
Type: Book
ISBN: 978-1-84663-996-8

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Article
Publication date: 15 July 2020

Richard G. Brody, Gaurav Gupta, Angela N. Ekofo and Kehinde Mayokun Ogunade

In this study, the authors examine the issue of corruption in the government institutions of developing countries. Additionally, this study aims to answer the following…

Abstract

Purpose

In this study, the authors examine the issue of corruption in the government institutions of developing countries. Additionally, this study aims to answer the following research question: How do developing countries implement and enforce these anti-corruption policies? Specifically, the authors look at the laws adopted in different developing countries to deal with issues related to corruption.

Design/methodology/approach

The authors use the qualitative approach to examine the causes of recent corruption among government officials in developing countries such as Nigeria, India, the Democratic Republic of Congo and Uganda. A comparative approach was used to compare and contrast the anti-corruption practices of developing and developed countries.

Findings

The findings indicate that corruption is rampant in much of the developing world. On a positive note, the authors have found evidence of actions taken by governments in these developing economies to rapidly deal with issues of corruption. All the countries analyzed in this paper have developed anti-corruption policies and related acts to detect and punish the perpetrators of corruption.

Originality/value

This paper provides a greater insight as to how the anti-corruption policies are formulated and enforced in the developing world. Specifically, the authors provide examples of different emerging countries and their approaches to developing and enforcing anti-corruption policies. This guidance can help others around the world to deal with anti-corruption policies in their countries. Although the authors have learned a lot about the detrimental effects of corruption and laws enacted to combat it, the next step is to examine the processes used by the developing countries to develop these anti-corruption laws and policies.

Details

Journal of Financial Crime, vol. 28 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

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Book part
Publication date: 26 November 2013

Jon S. T. Quah

Chapters 2–6 have dealt in turn with how Denmark, Finland, Hong Kong, New Zealand, and Singapore have been effective in curbing corruption, as manifested in their rankings…

Abstract

Chapters 2–6 have dealt in turn with how Denmark, Finland, Hong Kong, New Zealand, and Singapore have been effective in curbing corruption, as manifested in their rankings and scores on the five international indicators of the perceived extent of corruption. In contrast, Chapter 7 focuses on India’s ineffective anti-corruption measures and identifies the lessons which India can learn from their success in fighting corruption. The aim of this concluding chapter is twofold: to describe and compare the different paths taken by these six countries in their battle against corruption; and to identify the lessons which other countries can learn from their experiences in combating corruption. However, as the policy contexts of these six countries differ significantly, it is necessary to begin by providing an analysis of their contextual constraints before proceeding to compare their anti-corruption strategies and identifying the relevant lessons for other countries.

Details

Different Paths to Curbing Corruption
Type: Book
ISBN: 978-1-78190-731-3

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Article
Publication date: 5 May 2020

Jiahong He

With the analysis of the causes of corruption, this study aims to investigate specific anti-corruption measures that can be implemented to reform the political system and…

Abstract

Purpose

With the analysis of the causes of corruption, this study aims to investigate specific anti-corruption measures that can be implemented to reform the political system and the social climate of China.

Design/methodology/approach

This study examines 97 severe corruption cases of high-ranking officials in China, which occurred between 2012 and 2015. As this insinuates that both institutional and social corruption are major problems in China, the analysis delves into multiple facts of corruption, including different types, four primary underlying causes, and suggestions regarding the implementation of three significant governmental shifts that focus on investigation, prevention tactics and legal regulations.

Findings

China’s corruption is not only individual-based but also it has developed into institutional corruption and social corruption. Besides human nature and instinct, the causes of corruption can be organised into four categories, namely, social customs, social transitions, institutional designs and institutional operations. For the removed high-ranking officials, the formation of interest chains was an important underlying cause behind their corruption.

Originality/value

This study makes a significant contribution to the literature because this study provides a well-rounded approach to a complex issue by highlighting the significance of democracy and the rule of law as ways to regulate human behaviour to combat future corruption.

Details

Journal of Financial Crime, vol. 27 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

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Article
Publication date: 11 April 2016

Sophal Ear

The purpose of this paper is to provide a critical analysis and survey of Cambodia’s recent efforts to combat corruption. It explores the policy context, perceived extent…

Abstract

Purpose

The purpose of this paper is to provide a critical analysis and survey of Cambodia’s recent efforts to combat corruption. It explores the policy context, perceived extent of corruption, causes of corruption, anti-corruption measures, evaluates those anti-corruption measures, and provides policy recommendations.

Design/methodology/approach

This paper reviews the literature on corruption and anti-corruption efforts in Cambodia. It relies on available data from the World Bank and Transparency International, and compares these data over time.

Findings

The paper shows that corruption in Cambodia is pervasive and that anti-corruption efforts are limited because of a lack of political will. Existing anti-corruption measures designed with loopholes must be amended, but implementation remains the primary challenge.

Originality/value

This paper contributes to the limited literature on combating corruption in Cambodia.

Details

Asian Education and Development Studies, vol. 5 no. 2
Type: Research Article
ISSN: 2046-3162

Keywords

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Book part
Publication date: 4 August 2008

Anthony B.L. Cheung

Despite an intensified anti-corruption campaign, China's economic growth and social transition continue to breed loopholes and opportunities for big corruption, leading to…

Abstract

Despite an intensified anti-corruption campaign, China's economic growth and social transition continue to breed loopholes and opportunities for big corruption, leading to a money-oriented mentality and the collapse of ethical standards, and exposing the communist regime to greater risk of losing moral credibility and political trust. In Hong Kong, the setting up of the Independent Commission Against Corruption (ICAC) in 1974 marked the advent of a new comprehensive strategy to eradicate corruption and to rebuild trust in government. The ICAC was not just an anti-corruption enforcement agency per se, but an institution spearheading and representing integrity and governance transformation. This chapter considers how mainland China can learn from Hong Kong's experience and use the fight against corruption as a major political strategy to win the hearts and minds of the population and reform governance in the absence of more fundamental constitutional reforms, in a situation similar to Hong Kong's colonial administration of the 1970s–1980s deploying administrative means to minimize a political crisis.

Details

Comparative Governance Reform in Asia: Democracy, Corruption, and Government Trust
Type: Book
ISBN: 978-1-84663-996-8

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Article
Publication date: 3 January 2017

Gbenga Oduntan

A new republic has just begun in Nigeria in 2015 with the election of two anti-corruption crusaders as President and Vice president, respectively. Although very few…

Abstract

Purpose

A new republic has just begun in Nigeria in 2015 with the election of two anti-corruption crusaders as President and Vice president, respectively. Although very few empirical studies exist on the subject of corruption within the justice system in Nigeria the intolerable popular impression is that the machinery of justice in Nigeria is quite notoriously corrupt. The aim of this paper is to identify strategies and mechanisms that will enhance the professionalism, effectiveness, integrity, accountability and transparency of the organisations within Nigeria’s administration of justice system both at the federal and state levels including Ministries of Justice, the Police, the Prison Service, immigration, customs and even the Bar.

Design/methodology/approach

Literature research is used to examine the problem. The author looks at corruption in the context of Nigerian laws. He tabulates the offences within the scope of the prohibition against corruption in Nigeria, as well as the incidences of corruption within the various sections of the criminal justice system. The prescriptive recommendations are divided into short-, medium- and long-term measures.

Findings

That corruption is actually prevalent in all areas of the Nigerian justice system. It is crucial that an impression must be made by the new administration in this area within a very short frame of time to arrest the situation and to reverse the damage caused so far.

Research limitations/implications

Word limit has not enabled us to go into deeper analysis. Lack of objective studies done from within the Nigeria justice sector itself on the manifestation of corruption.

Originality/value

Very original analysis based on unique insight into the issue as academics, lawyers and practitioners within Nigerian anticorruption institutions.

Details

Journal of Money Laundering Control, vol. 20 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

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