By Ndiva Kofele-Kale

ISBN-10: 0754647579

ISBN-13: 9780754647577

ISBN-10: 0754688240

ISBN-13: 9780754688242

Concentrating on the matter of indigenous spoilation in constructing nations, this paintings explores the debatable factor of spoilation by way of nationwide officers of the wealth of the states of which they're custodians. as a result of constraints of the kingdom procedure and the inability of acceptable important municipal legislation, efforts to punish these answerable for the industrial rape of whole countries and to recuperate spoilated money were annoyed and rendered insubstantial. Taking a multidisciplinary procedure and at the foundation of information generated from empirical, cross-national learn, this learn makes the case for indigenous spoilation as a contravention of foreign legislations. considerably revised and up to date to take account of modern felony and political advancements, the second one variation may be a invaluable source for lecturers, practitioners, NGOs, and policymakers.

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Extra resources for The International Law of Responsibility for Economic Crimes: Holding State Officials Individually Liable for Acts of Fraudulent Enrichment

Sample text

Kinley III, Aiding Migration: The Impact of International Development Assistance on Haiti, 16 (1988). 83 Lundahl and others84 contend that successive Haitian dictators but most notably under the Duvaliers (père et fils), established a predatory relation with the Haitian economy. 86 While in power from 1957 to 1971, Papa Doc Duvalier officially received a modest presidential salary of only $20,000 per annum. 87 In 1963, according to estimates by the International Commission of Jurists, Duvalier and his close collaborators mulcted the Haitian treasury of about $10 million per year.

What obligations do they owe to the victim State and its peoples? These are some of the questions this study intends to address. The analysis is presented in two parts. Part I situates the problem of fraudulent enrichment by heads of States and other high-ranking public officials in the context of decades-long efforts at elaborating and developing a regime of law to deal with international crimes by individuals. An attempt is made here to trace the emergence and progressive evolution of an international legal norm which imposes a fiduciary duty on constitutionally-responsible rulers with respect to the exercise and disposal of national wealth and natural resources for the exclusive benefit of the peoples whom they govern.

The doctrine of ubi jus ibi remedium (where there is a right there has to be a remedy) does not seem to apply as easily as it would apply to domestic law in civil and criminal cases. Yet the Commission recognized that the international community has a legal interest, along with the individually-harmed state, to address the breach: ... 18 The problem remains, though, that international law has no central authority empowered to initiate criminal proceedings or impose punishment. Nor does international law allow individual States to act as self-appointed representatives of the international community in fixing responsibility or inflicting punishment.

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The International Law of Responsibility for Economic Crimes: Holding State Officials Individually Liable for Acts of Fraudulent Enrichment by Ndiva Kofele-Kale


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