scholarly journals Anticorruption, Cultural Norms, and Implications for the APUNCAC

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 23
Author(s):  
Danny Singh
Keyword(s):  
United Nations ◽  
South Asia ◽  
Papua New Guinea ◽  
Cultural Practices ◽  
Rent Seeking ◽  
Cultural Norms ◽  
Policy Makers ◽  
Abuse Of Power ◽  
United Nations Convention ◽  
International Donors

Corruption is a phenomenon that has received global attention from academics, policy makers and international donors. Corruption may be defined as the abuse of power for private gain. Activities include bribery, extortion, rent-seeking behaviour, cronyism, patronage, nepotism, embezzlement, graft and engagement with criminal enterprises. However, patronage, nepotism and gift giving are frequently viewed in many Asian and African cultures as acceptable practices that promote efficiency and smooth relationships. This article examines these practices in contexts including Afghanistan, Papua New Guinea, Russia, China and South Asia, discusses various rationales for these practices, and seeks to understand how these practices can be reconciled with international efforts to combat corruption. This article focuses on the implications with regard to the Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC) and the proposal to establish a body of United Nations (UN) inspectors to investigate charges of corruption and refer cases to dedicated domestic anticorruption courts. This article suggests that UN inspectors and international norms against corruption are not incompatible with traditional cultural practices. This article draws upon the experiences of Hong Kong and Singapore, where corruption was endemic, to demonstrate that local cultural norms can be rapidly changed when independent inspectors are established and receive support from institutions that are free from manipulation by domestic authorities.

scholarly journals Urban Conflict, Rent Seeking, and Corruption Economic and Political Institutions in a Historical Perspective

2018 ◽  
Vol 10 (2) ◽  
pp. 96
Author(s):  
Marie-Christine THAIZE CHALLIER
Keyword(s):  
Political Institutions ◽  
Historical Context ◽  
Rent Seeking ◽  
Policy Makers ◽  
Social Unrest ◽  
Abuse Of Power ◽  
Medieval France ◽  
Limiting Property ◽  
Urban Conflict ◽  
Commitment Problems

This paper is an empirical analysis to explore the relationships between urban conflict and both rent seeking and corruption. It examines social disturbances in medieval France through a sample of twelve towns examined over the period 1270-1399 in a real context of informational asymmetries, commitment problems, and issues indivisibilities. As regards the economic corruption class, it is found that townspeople rebel more often and more intensely against the extortion of funds carried out by policy makers than against the embezzlement of a part of these funds. As to the political corruption class, the findings highlight that abuse of power against municipalities is identified in more social unrest than influence peddling against these local institutions. Furthermore, it is shown that rent-seeking-related policies (like arbitrary actions limiting property rights, economic rules-based policies, and targeted political measures) have less influence on urban conflict than corrupt policies do. These findings produce insights that apply beyond the historical context and analysis of the paper. Situations presenting over-indebted towns despite overtaxed people disturb also modern democracies.

Law of the Sea and Asian States

2019 ◽  
pp. 204-236
Author(s):  
Robert Beckman
Keyword(s):  
United Nations ◽  
Southeast Asia ◽  
South Asia ◽  
Northeast Asia ◽  
Legal Order ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The Law ◽  
The Western Pacific ◽  
The Unclos

This chapter describes Asia’s active participation in the law of the sea. The modern law of the sea is set out in the United Nations Convention on the Law of the Sea 1982 (UNCLOS), as modified by the Agreement relating to the Implementation of the Convention 1994. UNCLOS establishes a legal order for all use of the oceans, has been universally accepted, and has been described as a ‘constitution’ for the oceans. Indeed, one of the major achievements of UNCLOS was the establishment of a clear demarcation of rights and jurisdiction in the oceans. The chapter then looks at how Asian states have contributed to, participated in, and implemented the UNCLOS regime. The term Asian states is used rather loosely, but includes states in South Asia, Southeast Asia, Northeast Asia, and the western Pacific.

Perception on Child Rights Protection and Media Performance Among Kuje Internally Displaced Persons' Camp, Abuja, Nigeria

2020 ◽  
pp. 277-294
Author(s):  
Felix Chidozie Chidozie ◽  
Augustine Ejiroghene Oghuvbu
Keyword(s):  
United Nations ◽  
Child Rights ◽  
Policy Makers ◽  
Internally Displaced ◽  
Rights Protection ◽  
Rights Of The Child ◽  
Displaced Children ◽  
The Media ◽  
United Nations Convention ◽  
The United Nations

This essay examines media and child rights protection in Nigeria, using Kuje IDPs Camp in Abuja, FCT as a case study. It argues that the media has important and indispensable roles to play in enabling the promotion of the United Nations Convention on the Rights of the Child and Nigeria's Child Rights Act, 2003. The study adopted the qualitative method through interviews and focus group discussions conducted at the Kuje IDPs Camp. Findings suggest that the Nigerian government is not committed to implementing the prescription of the United Nations Convention on the Rights of the Child and the Child Rights Act, thus further jeopardizing the already fractured rights of the of children in IDPs camps in Nigeria. Similarly, the media is not paying attention to the plight of the displaced children. The prescriptions advanced in this study as well as the conclusions reached are relevant for policy makers at the national, regional, and international levels responsible for the rights of the children, especially the Nigerian child.

scholarly journals Domestic Violence in the African North

1970 ◽  
pp. 17-27
Author(s):  
Fatima Sadiqi
Keyword(s):  
Domestic Violence ◽  
United Nations ◽  
North Africa ◽  
Legal Reform ◽  
Theoretical Work ◽  
Gender Based Violence ◽  
Policy Makers ◽  
The Past ◽  
United Nations Convention ◽  
Gender Based

Theories, debates, and activism on sexual health and rights have travelled withreasonable speed in North Africa in the past three decades or so and considerable headway has been achieved on this front (see Charrad, 2010; Sadiqi, 2008; Ennaji & Sadiqi, 2011). However, although related, questions of domestic violence, which may also include sexual assault and rape, have been rather side-lined theoretically, in spite of the fact that activism and legal reform remain strong in the region, and in spite of the fact that gender-based violence is considered essential to the most fundamental provisions of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). This regression in theoretical work on domestic violence in the region resulted in lack of action on the part of policy-makers.

scholarly journals Savitri Goonesekere (ed.). Violence, Law and Women’s Rights in South Asia. New Delhi: Sage Publications, 2004. 352 pages. Paperback. Indian Rs 390.00.

2008 ◽  
Vol 47 (2) ◽  
pp. 217-219
Author(s):  
Rehana Siddiqui
Keyword(s):  
United Nations ◽  
South Asia ◽  
Women's Rights ◽  
Cultural Norms ◽  
Women’S Rights ◽  
New Delhi ◽  
Gender Based Violence ◽  
Development Fund ◽  
Gender Based ◽  
Set Up

The book titled Violence, Law and Women’s Rights in South Asia deals with a critically important issue for all countries, and particularly so for South Asian countries. In the latter, despite socio-cultural similarities, significant differences exist in handling gender-based violence. The issues are linked to the socio-cultural norms of the societies and the legal and institutional set-up prevailing in each country—viz., India, Pakistan, and Sri Lanka. The present study was initiated by United Nations Development Fund for Women (UNIFEM) in collaboration with United Nations Children’s Fund (UNICEF).

FORCE MAJEURE, CHANGE OF CIRCUMSTANCES AND TERMINATION OF CONTRACT

2016 ◽  
Vol 3 (1) ◽  
pp. 31-44
Author(s):  
Shiyuan Han
Keyword(s):  
United Nations ◽  
Contract Law ◽  
Unified Model ◽  
The Other ◽  
Final Decision ◽  
Dual Model ◽  
Chinese Law ◽  
Force Majeure ◽  
United Nations Convention ◽  
Distinct Line

It is impossible to draw a distinct line between force majeure and change of circumstances, because the two overlap. In order to regulate both force majeure and change of circumstances, the United Nations Convention on Contracts for the International Sale of Goods (CISG) has adopted a unified model in article 79, whereas Chinese law adopts a dual model by treating them as different things and regulating them in different articles. Where the purpose of a contract becomes impossible to achieve because of a force majeure and both the CISG and Chinese Contract Law (the CCL) adopt the same model of termination of the contract, the contract should be terminated by one party with a notice to the other party instead of ipso facto avoidance. In a case of a change of circumstances, in order to terminate the contract, both the CISG and the CCL actually follow the path of raising an action by a notice of avoidance or termination to theother party. Both approaches have their merits and demerits but the differences between them in practice are not as large as presumed. Where force majeure and change of circumstances overlap each other, possible ways for termination of the contract are for a party either to choose their preferred solution or to follow the lex specialis derogat generali. The latter way is preferred in this article; and while in an action for termination the judge may balance the interests of both parties in making a final decision, the uniform application of the law, the safety of the transaction and the fairness of the judgment may be ensured in so doing.

Dukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHPDukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHP

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1721
Author(s):  
Muhammad Aziz Syamsuddin
Keyword(s):  
United Nations ◽  
Criminal Code ◽  
The Other ◽  
Deterrent Effect ◽  
United Nations Convention ◽  
Legislative Support ◽  
The Law ◽  
Shared Commitment ◽  
Crime Of Corruption

AbstractThe spirit of the eradication of corruption is running continually. Various efforts or strategies were arranged to sharpen the power of corruptions’ eradication. One of the strategies is legislation support or comprehend and effective legislation. It was proved by the enactment of Law No. 28 of 1999 on State Implementation of Clean and Free from Corruption, Collusion and Nepotism and also Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication. The other related legislation such as Law No. 30 of 2002 on Corruption Eradication Commission and the Law 8 of 2010 on the Prevention and Eradication of Money Laundering.  Those Supporting legislations show that there is a shared commitment to eradicate corruption. Indonesia has also ratified the UNCAC (United Nations Convention against Corruption) by Law No. 7 of 2006 on the UN Convention (United Nations) Anti-Corruption. Support legislation is expected to provide a deterrent effect for offenders and protecting the rights of citizens has a whole. Keywords: Legislative Support, Criminal Code Draft, Eradication, Crime of Corruption, Pros and Cons    AbstrakSemangat pemberantasan tindak pidana korupsi terus bergulir. Berbagai upaya atau strategi dibangun untuk mempertajam kekuatan pemberantasan korupsi. Salah satunya adalah dengan dukungan legislasi atau peraturan perundang-undangan yang komprehensif dan efektif. Dibuktikan dengan lahirnya Undang-Undang No. 28 Tahun 1999 tentang Penyelenggaraan Negara yang Bersih dan Bebas dari Korupsi, Kolusi, dan Nepotisme dan Undang-Undang No. 31 Tahun 1999 sebagaimana diubah dengan Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi. Adapun undang-undang terkait lainnya seperti UU No. 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi dan UU No. 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Dukungan legislasi tersebut menunjukkan adanya komitmen bersama untuk memberantas tindak pidana korupsi. Indonesia juga  telah meratifikasi UNCAC (United Nations Convention Against Corruption) dengan UU No. 7 Tahun 2006 tentang Konvensi PBB (Perserikatan Bangsa-Bangsa) Anti Korupsi. Dukungan legislasi ini diharapkan memberikan efek jera bagi pelaku sekaligus melindungi hak-hak warga negara secara keseluruhan. Kata Kunci: Dukungan Legislatif, RUU KUHP, Pemberantasan, Tindak Pidana Korupsi, Pro dan Kontra

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