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1 – 10 of over 1000The 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…
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.
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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.
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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 research…
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.
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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…
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.
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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…
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.
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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…
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.
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The purpose of this study is provide a critical overview of compliance with anti-money laundering and combating the financing of terrorism, insider trading and anti-corruption…
Abstract
Purpose
The purpose of this study is provide a critical overview of compliance with anti-money laundering and combating the financing of terrorism, insider trading and anti-corruption laws in Russia.
Design/methodology/approach
The mixed approach for this article will be used with some elements of grounded theory. The method used includes the following: observations, various interviews and analysis of legal documents and other primary sources.
Findings
Russian regulatory compliance has a tremendous pressure and significant challenges for both regulators and regulated banks and organizations. It is a moment when Russia could become a more developed country and play a bigger role in international arena or come back to the past time.
Originality/value
The article is based on my practical experience and PhD research observations.
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– The purpose of this paper is to analyze recent Japanese corruption prevention mechanisms and assess the efforts of the Japanese government in winning public trust.
Abstract
Purpose
The purpose of this paper is to analyze recent Japanese corruption prevention mechanisms and assess the efforts of the Japanese government in winning public trust.
Design/methodology/approach
This paper discusses public sector corruption in Japan at an institutional level through a study of its features and current status. It then analyzes and evaluates the effectiveness of corruption prevention measures and the public perceptions of these measures. The paper concludes with a discussion on whether such measures can be adopted by other countries.
Findings
Recent preventive measures in Japan are effective in decreasing corruption opportunities, but not in enhancing the public trust of the government. Major findings are: first, Japan is the only Asian country without a dedicated anti-corruption agency (ACA); second, there is more emphasis on corruption prevention in the anti-corruption measures; third, the government is concerned with initiating measures to prevent the further erosion of public trust when corruption occurs; fourth, while preventive measures such as public disclosure and whistle-blower protection acts are in place, public awareness of their existence is still lacking and the usage of these systems is limited; fifth, more efforts are placed on prevention through the promotion of government transparency and accountability and public sector ethics education rather than penalizing the corrupt offenders; and sixth, though efforts to minimize amakudari practices are made, lack of political will and its sustainability prevents further reform.
Originality/value
This paper will be useful for scholars, policy-makers, and anti-corruption practitioners interested in learning how Japanese government practices prevent corruption.
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The purpose of this conference paper is to provide a contextual and better understanding of the nexus between corruption and money laundering, in order to enhance the role of…
Abstract
Purpose
The purpose of this conference paper is to provide a contextual and better understanding of the nexus between corruption and money laundering, in order to enhance the role of anti‐money laundering (AML) in combating corruption.
Design/methodology/approach
This paper analyses the key elements of the linkage between AML and anti‐corruption, and provides Australia and China as examples, demonstrating the potential importance of using AML to combat corruption.
Findings
It is found that apart from the main financial sectors, designated non‐financial sectors and high‐risk customers involved businesses are also vulnerable for money laundering, such as non‐financial designated business and professions, and politically exposed persons. In the meantime, these factors are regarded as the key points to combat corruption.
Originality/value
This paper highlights the corruption risks hidden in designated non‐financial business and professionals, and the risks of laundering the proceeds of corruption by politically exposed persons and financially exposed persons (FEPs).
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Olusola Joshua Olujobi and Tunde Ebenezer Yebisi
The purpose of this study is to examine the corruption prevalent in the distribution of COVID-19 palliatives during the lockdown and movement restrictions in the country. This…
Abstract
Purpose
The purpose of this study is to examine the corruption prevalent in the distribution of COVID-19 palliatives during the lockdown and movement restrictions in the country. This study seeks to analyse the current state of corruption in the distribution of COVID-19 palliatives and public health facilities in Nigeria while also providing a legal insight and strategic blueprint to combat corruption. To this end, this study will address the current legal framework for combating corruption and build upon this to formulate a working strategy for tackling corruption in the future.
Design/methodology/approach
Using a doctrinal legal research methodology, this study draws upon existing literature, tertiary data sources and information from the Nigeria Centre for Disease Control. The collected data is analysed and compared with current literature to identify key findings. Rent-seeking and utilitarian theories of the law were examined to guide this study. This study offers useful insights into combating corruption. The use of this method is justified, as it enhances the credibility of the findings on the importance of strategies for future emergencies. This legal research approach is consistent with the law and can be easily verified. The empirical aspect of this study involved a survey of multidimensional health-care and economic data set of 36 states in Nigeria plus the Federal Capital Territory on COVID-19 in Nigeria. A survey linearised regression model was estimated to determine the influence of government revenue and public health-care facilities in the control of the virus spread in Nigeria.
Findings
This study reveals the need for emphasis on the imperative of combating corruption in the distribution of COVID-19 palliatives and establishing economic resilience through transparent and accountable practices, supported by legal frameworks.
Research limitations/implications
Rent-seeking and utilitarian theories of law are evaluated because of their impacts on combating corruption. The limitation of this study is the intricacy of gathering data on COVID-19 palliatives corruption in Nigeria because of secrecy and the absence of reliable data on the subject.
Practical implications
Estimating the exact number of stolen palliatives and their fiscal impact on Nigeria's economy proves to be a formidable task because of the covert nature of corruption. This study equips policymakers in Nigeria with a better understanding of the legal challenges posed by corruption in the health care sector and provides an effective strategy to combat it.
Social implications
The lack of reliable data on the extent of palliative theft hinders the ability of lawmakers to enact effective legislation and strategies for combating corruption in the distribution of COVID-19 palliatives and addressing future emergencies in Nigeria. The policy implications of this study can assist policymakers in Nigeria and other countries in formulating measures to combat corruption in the distribution of COVID-19 palliatives and other future emergencies. Furthermore, it recommends the overhaul of anti-corruption laws and mechanisms in Nigeria to ensure effective measures against corruption.
Originality/value
In conclusion, this study contributes to knowledge by proposing a legal model centred on people's participation to enhance transparency and accountability in future palliative distribution processes. This study recommends legal strategies that can effectively address corruption in future emergencies or shocks. This study proposes a strategic blueprint to tackle corruption in the future. This blueprint includes an analysis of existing laws and regulations, as well as potential policy changes and legislative reform. This study also includes recommendations for improved enforcement and oversight mechanisms and for improved public awareness and education. As part of this, this study considers the potential for public–private partnerships to increase transparency and accountability in public health and health-care services.
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