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  3. Corruption, Asset Recovery, and the Protection of Property in Public International Law
  • Cited by 10
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    • Publisher:
      Cambridge University Press
      Publication date:
      05 September 2014
      21 August 2014
      ISBN:
      9781107415737
      9781107058507
      9781107668874
      DOI:
      https://doi.org/10.1017/CBO9781107415737
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.7kg, 403 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.6kg, 406 Pages
      • Subjects:
      Law, Human Rights, Criminal Law
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    • Selected: Digital
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    Subjects:
    Law, Human Rights, Criminal Law
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    Book description

    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.

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