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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Corruption, Asset Recovery, and the Protection of Property in Public International Law: The Human Rights of Bad Guys

ISBN13: 9781107668874
Published: March 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £27.99
Hardback edition , ISBN13 9781107058507

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In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates?

Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights.

Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters.

In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, global economic inequality, and the suppression of transnational crime.

Human Rights and Civil Liberties, Public International Law
1. Introduction
2. Concepts, sources, and case studies
3. Criminalizing corruption
4. Co-operating for the purposes of confiscation
5. Asset recovery and European human right(s) to property
6. Asset recovery and other regional rights to property
7. General conclusions.