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Ownership of Proceeds of Corruption in International Law

Autor Kolawole Olaniyan
en Limba Engleză Hardback – 20 noi 2023
Recovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. However, people's sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resources - and by extension, the proceeds of corruption - should be exclusively exercised by states. Olaniyan's Ownership of Proceeds of Corruption in International Law examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. Focusing on victims of corruption, the book argues that victim-states' populations ought to be empowered to pursue grand corruption and asset recovery actions against their governments. It proposes theoretical and legal remedies for recovering proceeds of corruption, encouraging the development of domestic laws.
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Specificații

ISBN-13: 9780192867834
ISBN-10: 0192867830
Pagini: 400
Dimensiuni: 160 x 243 x 28 mm
Greutate: 0.73 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

Dr Kolawole Olaniyan, a seasoned legal guru and anticorruption and human rights lawyer, has meticulously explored the important issues of ownership of proceeds of corruption and highlighted the inadequacies in the current legal rules and implementation mechanisms on asset recovery... Dr Olaniyan's book makes a compelling case for why the global efforts to prevent and combat corruption and advance human rights must be reinvigorated, refreshed, and revised to meet contemporary challenges. The book could not have arrived at a better time. This unique and important book is a great resource which should be embraced by all stakeholders; its scope is remarkable, and the suggested remedies could change the narrative in asset recovery.
The global fight against corruption can only be effective when upon eventual recovery of its proceeds, the owners (the people) become real beneficiaries. In its absence, the fight will continue to be a rhetorical sing-song, rather deafening with no soothing sound to the victims. While identifying the complex legal and practical challenges to asset recovery, Dr Olaniyan characteristically proffers well-thought-out suggestions for reforms which if implemented will be a welcome relief to victims denied of their natural wealth and resources...For this treatise, Dr Olaniyan deserves our applause. All victims of corruption are indeed indebted.
The recognition that corruption in all its forms is a major obstacle to development and enjoyment of human rights is well and long documented in literature...Recognition, however, is not necessarily followed by the development of effective legal rules and mechanisms. Finally, Kolawole Olaniyan, an astute scholar and experienced practitioner on anticorruption and human rights law issues, has come up with an excellent and important analysis of the understanding of the complex issues of corruption, asset recovery and human rights.
In Ownership of Proceeds of Corruption in International Law, Dr Kolawole Olaniyan raises provocative questions that entities and individuals in the space of preventing and combatting all forms of corruption in domestic and international jurisdictions need to think deeply about...This timely book breaks new grounds and would be a very useful resource to scholars, private sector actors, and policy makers alike.
This book offers an original academic but also practitioner perspective on the interplay between the legal rules on asset recovery and human rights law. Dr Olaniyan innovatively applies an international human rights law framework to issues of ownership of proceeds of corruption and in so doing advances the idea of access of victims to effective remedies.

Notă biografică

Kolawole Olaniyan is a Legal Adviser at Amnesty International's International Secretariat, London. He was previously director of the Africa Programme (2004-2007) and has been a researcher and visiting lecturer at universities in the United States and United Kingdom. He holds a doctorate in international law on corruption and economic crimes from the Law School of the University of Notre Dame. Olaniyan is the author of a seminal book on Corruption and Human Rights Law in Africa. He has authored many other book chapters and articles on international law on corruption, economic crimes, and human rights law. He is a member of the Nigerian Bar Association.