Search results

The aim of this study is to investigate how Nigeria can seek legal assistance on recovery of its stolen assets to reduce corruption and to ensure no sheltered havens for incomes from corruption.

The research adopts a conceptual method by using existing literature with the application of doctrinal legal research technique. The research likewise uses primary and secondary sources of legislations such as legislative provisions, case laws and the provisions of Chapter V of the United Nations Convention against Corruption and the process of asset recovery. The study compares the United Kingdom, USA, Hong Kong in China, South Africa and Nigeria proceeds of corruption recovery laws to gain basic legal features that would be beneficial to Nigeria in reforming its anti-corruption laws.

The principle of territorial sovereignty under the international law makes the offence of corruption not punishable outside the jurisdiction of the state where the offence was committed. As a result, some developed states boost their economy with these proceeds and the developing states are impoverished. There is also an allegation of discrepancies in the figures of funds recovered by the anti-corruption agencies. Thus, there is the need for transparency; law on civil forfeiture of proceeds of corruption; bilateral treaties; and mutual legal assistance on investigation, confiscation among countries for tracing and returning of proceeds of corruption.

The estimates of the volume of assets looted from Nigeria vary widely because of the complexity of collecting data on proceeds of corruption as official statistics on proceeds of corruption recovered do not exist as each anti-corruption agency occasionally makes pronouncements on the volume of assets recovered without any breakdown in terms of assets seized, nature of assets and their locations and its values. Such data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness.

Considering the clandestine manners corruption is being committed, it is tasking to correctly evaluate the amount of money stolen so, their economic impacts on the nation’s economy.

Absence of accurate data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness.

The study offers modules on management of proceeds of corruption by establishing “Assets Management Commission” and “Proceeds of Corruption Forfeiture Funds” for reparation of victims’ of corruption. The study suggests the necessity for civil forfeiture of proceeds of corruption, which is presently lacking, and creation of Proceeds of Corruption Recovery and Management Commission to manage such proceeds and advocate establishment of “Proceeds of Corruption Forfeiture Funds” for reparation of victims of corruption.

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

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

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.

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.

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.

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.

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.

This paper aims to explore the evolution of the notion of peremptory norms (Jus Cogens) in international law through the work of the International Law Commission on unilateral acts.

The study depended on analyzing the work of the International Law Commission on two topics: Unilateral Acts 2006 and Reservations to treaties 2011 to reveal the relation between jus cogens and unilateral acts.

Jus cogens restrict unilateral acts like treaties due to the recognition of the importance and necessity of the concept of Jus cogens in protecting the fundamental interests of the international community.

States must be compatible with jus cogens when making any reservation on a treaty and also when taking any unilateral act.

This paper reveals the importance of jus cogens in promoting the values of the international community and the need of such notion to protect the common interest of that community.

Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). This paper aims to discuss these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms.

Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law.

There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance.

This paper discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.

This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the international anti-money laundering (AML) regime over the time. It proposes how to limit the size and scope of predicate offences in designing a balanced legal definition.

This paper opted a content analysis focussed on the criminalization aspect of offences to money laundering in the international AML regime under the United Nations Conventions (Vienna, Palermo and Corruption Convention) and Financial Action Task Force Standards.

This paper provides how the criminalization of money laundering has evolved and its definition expanded over the time. The international definition is widely drafted with wide range of predicate offences from proceeds of drug money to corruption, including terrorist financing and terrorist acts; however, the two phenomena – money laundering and terrorist financing are quiet distinct apart. This continual expansion of predicate offences quite leads legality issues such as over-criminalization and conflict with principles of criminal law. This paper suggests an approach to limit the size and scope of predicate offences to money laundering.

This paper includes implications for the development of a balanced approach in defining predicate offences through a qualitative limitation approach consistent with the minimalist theory of penalization of criminal law.

This paper attains an identified issue how the legal definition of the money laundering offence can be improved while considering rule of law and principles of criminal law concerns.

Economic diplomacy refers to methods and processes by which states take advantage of cross-border economic activities to achieve their national interests. It makes connections between the sphere of corporate players, who export or invest abroad, and the sphere of diplomats, who represent the state on the international scene and implement geopolitical decisions. The main purpose of this paper is to provide an overall and coherent framework for asking, classifying and discussing the main issues raised by economic diplomacy. It investigates concepts such as national interest, power and influence. It surveys the relevant literature and deals with various expressions of economic diplomacy such as export promotion agencies, economic role of embassies and consulates, or international economic sanctions. It analyzes the two-way relationship between international economics and international politics, which is at the core of economic diplomacy, and tries to answer the following questions: on the global scene, is diplomacy just accompanying the economy? Is diplomacy driving the economy?

Legal education, like any other discipline in higher education, necessitates in use of various teaching and learning pedagogies in order to provide a sustainable teaching and learning experience. This article aims to examine the feasibility of implementing flipped learning method as a pedagogy on legal students at the Open University of Sri Lanka, as well as the perceptions of students and lecturer on the teaching and learning process in a flipped class in preparation for future implementation.

A mixed research method was used. A survey and a semi-structured interview were used to collect student perceptions, and observations of the lecturer were used to document the lecturer's perception.

According to the information gathered from both qualitative and quantitative data, the flipped learning pedagogy enhances the prior learning and student-centered learning of open and distance learning (ODL) and offers a new perspective on the existing pedagogies used in legal education. This article also emphasizes that an equitable implementation of designing and delivering a flipped class will ensure the effectiveness in teaching and learning law in Sri Lanka through ODL.

Despite the fact that there is substantial academic literature on flipped pedagogy, including in legal education, this article will create an original contribution by incorporating reflections from Sri Lankan legal education as well as ODL.

The purpose of this paper is to build a conceptual framework helping to understand the relationship between the principle of multilateralism in global policy relations and the role of international governmental organizations (IGOs). The paper develops conceptual building blocks to design adequate for international organizations for result-oriented effective multilateralism.

Literature review and in-depth theoretical analysis served to construct a framework that helps to see the variety of IGOs against global policy problems they serve to solve.

The analysis highlighted several lessons that can be learned, including the need for an efficient match between the nature of the global policy problem and the mandate and the size of IGO. The paper indicated the importance of efficient mechanisms to make international organizations accountable to member states while allowing for effective leadership.

The heterogeneity of IGOs makes a generalization difficult, hence, the proposed framework necessarily remains relatively generic. Still, this paper provides a first analytical basis for the comparison of IGO with regard to global policy problems they have been set to solve.

The author pointed to the way how to improve the fit between global policy problems and IGOs to make multilateralism more effective. The framework can be used to learn what can be expected from a given IGO and to see IGOs in their proper roles.

The paper might of interest to decision-makers and international public opinion eager to either criticize or praise international organizations based on a simplistic, if not ideological approaches. The paper develops arguments that help influence the evolution of international organizations.

IGO are increasing in number and forms leading to confusion to their role and impact. This framework can be used to realistically assess the role of IGOs in global public policies.

This paper aims to introduce the extended qualitative content analysis (EQCA) method to integrate data-reducing and data-complicating research steps when conducting qualitative research on the United Nations and other international institutions.

EQCA supplements the method of qualitative content analysis, which enables researchers to deal with large amounts of data, with two elements from grounded theory, which allow detailed analysis and interpretation of codes and sub-codes. The elements in question are axial coding and theoretical sampling.

EQCA provides a method to generate middle-range theories by combining theoretical and empirical analysis to address and theorize the complex interactions between actors, structures and norms in international institutions. The value added by the proposed method is demonstrated with a case study of a United Nations intergovernmental working group in the issue area of business and human rights.

Based on the concepts of interpretation and social causality, this paper contributes to the body of qualitative research that transcends the dichotomy between positivist and post-positivist approaches in the disciplines of international relations and international political theory.