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Implications of the UN Convention against Corruption for International Organizations: Oversight, Due Process, and Immunities Issues

Implications of the UN Convention against Corruption for International Organizations: Oversight,... <jats:sec><jats:title>Abstract</jats:title><jats:p>While public international organizations share the aspirations and values behind the United Nations Convention against Corruption (UNCAC), the way in which this instrument is being followed up may pose some practical challenges for them. The Convention mentions such organizations and their officials, but in the context of an instrument whose logic is overwhelmingly directed towards States. In the course of UNCAC implementation review, some unfortunate confusion has arisen between administrative justice and criminal jurisdiction, and around the privileges and immunities regime for international organizations. At the same time, follow-up to the Convention may offer new opportunities for such organizations to strengthen their alignment of responsibility, authority and accountability through so far underutilized means of coordination and cooperation. Strengthening accountability mechanisms and respect for due process – two components of the Global Administrative Law approach – offer the best prospects for enhancing international organizations' efforts against corruption. An exaggerated focus on transparency, on the other hand, could run counter to effective measures to combat it.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Organizations Law Review Brill

Implications of the UN Convention against Corruption for International Organizations: Oversight, Due Process, and Immunities Issues

International Organizations Law Review , Volume 6 (2): 513 – Jan 1, 2009

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Publisher
Brill
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1572-3739
eISSN
1572-3747
DOI
10.1163/157237409X477680
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>While public international organizations share the aspirations and values behind the United Nations Convention against Corruption (UNCAC), the way in which this instrument is being followed up may pose some practical challenges for them. The Convention mentions such organizations and their officials, but in the context of an instrument whose logic is overwhelmingly directed towards States. In the course of UNCAC implementation review, some unfortunate confusion has arisen between administrative justice and criminal jurisdiction, and around the privileges and immunities regime for international organizations. At the same time, follow-up to the Convention may offer new opportunities for such organizations to strengthen their alignment of responsibility, authority and accountability through so far underutilized means of coordination and cooperation. Strengthening accountability mechanisms and respect for due process – two components of the Global Administrative Law approach – offer the best prospects for enhancing international organizations' efforts against corruption. An exaggerated focus on transparency, on the other hand, could run counter to effective measures to combat it.</jats:p> </jats:sec>

Journal

International Organizations Law ReviewBrill

Published: Jan 1, 2009

Keywords: ACCOUNTABILITY; CORRUPTION; PRIVILEGES AND IMMUNITIES; INTERNATIONAL OFFICIALS; DUE PROCESS; COOPERATION AMONG INTERNATIONAL ORGANIZATIONS

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