Empirical Study of Anti-Corruption Policies and Practices in Nordic
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In Search of Corruption Funds
In Search of Corruption Funds A comparative study of country practices prepared in fulfillment of the Advanced Research Project The Graduate Institute, Geneva, Fall 2016 Contents Acknowledgements ............................................................................................ iii Acronyms and abbreviations ............................................................................ iv Executive Summary ........................................................................................... v Strategic recommendations ............................................................................ viii Technical recommendations ............................................................................. ix Part I: Introduction ............................................................................................ 1 Ia. Overview of the problem ............................................................................. 1 Part II: Research Overview ............................................................................... 3 IIa. Research questions and key assumptions .................................................... 4 IIb. Methodology .............................................................................................. 5 Part III. Common law practice ......................................................................... 7 IIIa. The United States .................................................................................... 7 Overview ....................................................................................................... -
Investment Climate Statement 2015
SWEDEN INVESTMENT CLIMATE STATEMENT 2015 U.S. Department of State 2015 Investment Climate Statement | May 2015 Table of Contents Executive Summary 1. Openness To, and Restrictions Upon, Foreign Investment 1.1. Attitude Toward FDI 1.2. Other Investment Policy Reviews 1.3. Laws/Regulations of FDI 1.4. Industrial Strategy 1.5. Limits on Foreign Control 1.6. Privatization Program 1.7. Screening of FDI 1.8. Competition Law 1.9. Investment Trends 1.9.1. Tables 1 and if applicable, Table 1B 2. Conversion and Transfer Policies 2.1. Foreign Exchange 2.1.1. Remittance Policies 3. Expropriation and Compensation 4. Dispute Settlement 4.1. Legal System, Specialized Courts, Judicial Independence, Judgments of Foreign Courts 4.2. Bankruptcy 4.3. Investment Disputes 4.4. International Arbitration 4.4.1. ICSID Convention and New York Convention 4.5. Duration of Dispute Resolution 5. Performance Requirements and Investment Incentives 5.1. WTO/TRIMS 5.2. Investment Incentives 5.2.1. Research and Development 5.3. 5.3 Performance Requirements 5.4. Data Storage 6. Right to Private Ownership and Establishment 1 U.S. Department of State 2015 Investment Climate Statement | May 2015 7. Protection of Property Rights 7.1. Real Property 7.2. Intellectual Property Rights 8. Transparency of the Regulatory System 9. Efficient Capital Markets and Portfolio Investment 9.1. Money and Banking System, Hostile Takeovers 10. Competition from State-Owned Enterprises 10.1. OECD Guidelines on Corporate Governance of SOEs 10.2. Sovereign Wealth Funds 11. Corporate Social Responsibility 11.1. OECD Guidelines for Multinational Enterprises 12. Political Violence 13. -
2014 Rule of Law Report | SGI Sustainable Governance Indicators
Sustainable Governance Indicators SGI 2014 Rule of Law Report Legal Certainty, Judicial Review, Appointment of Justices, Corruption Prevention SGI 2014 | 2 Rule of Law Report Indicator Legal Certainty Question To what extent do government and administration act on the basis of and in accordance with legal provisions to provide legal certainty? 41 OECD and EU countries are sorted according to their performance on a scale from 10 (best) to 1 (lowest). This scale is tied to four qualitative evaluation levels. 10-9 = Government and administration act predictably, on the basis of and in accordance with legal provisions. Legal regulations are consistent and transparent, ensuring legal certainty. 8-6 = Government and administration rarely make unpredictable decisions. Legal regulations are consistent, but leave a large scope of discretion to the government or administration. 5-3 = Government and administration sometimes make unpredictable decisions that go beyond given legal bases or do not conform to existing legal regulations. Some legal regulations are inconsistent and contradictory. 2-1 = Government and administration often make unpredictable decisions that lack a legal basis or ignore existing legal regulations. Legal regulations are inconsistent, full of loopholes and contradict each other. Estonia Score 10 The rule of law is fundamental to Estonian government and administration. In the period of transition from communism to liberal democracy, most of the legal acts and regulations had to be amended or introduced for the first time. Joining the European Union in 2004 caused another major wave of legal reforms. These fast and radical changes, which occurred in a short timespan, caused some inconsistencies and unexpected legal amendments (for example the increase of the VAT in 2009). -
Executive Summary
Executive summary Why study corruption in Sweden? The fact that Sweden does well in international corruption surveys cannot be taken to imply that corruption does not exist or that corruption is not a problem in Sweden. While a social problem may be relatively less severe in one country than in another, this says nothing about the actual extent of the problem. Quite apart from whether the problem is a relatively major or minor one, knowledge about corruption in Sweden needs to be developed. Without knowledge of the nature of corruption in Sweden, it is difficult to prevent and combat it. The purpose of this report is to summarise and update the research that has been conducted on corruption in Sweden, present some previously unpublished opinion data and draw attention to several neglected areas in studies of Swedish corruption. We do this by answering a number of questions about the extent of corruption in modern Sweden, developments over time, and its causes and consequences. We also discuss measures and strategies for combating corruption. A significant portion of the data presented in this report was developed within the research project Tillit och korruption i lokalpolitiken (‘Trust and corruption in local politics’, funded by the Swedish Research Council) in which the authors are involved. Our main arguments and conclusions on corruption in Sweden can be summarised in six points. Corruption problems should be broadly defined. In Sweden, corruption has traditionally been defined in narrow legal terms with a focus on bribery. Instead, we believe that corruption should be defined broadly and in the context of unethical behaviour and abuse of power. -
Governance and Corruption in Public Health Care Systems by Maureen Lewis
Working Paper Number 78 January 2006 Governance and Corruption in Public Health Care Systems By Maureen Lewis Abstract What factors affect health care delivery in the developing world? Anecdotal evidence of lives cut tragically short and the loss of productivity due to avoidable diseases is an area of salient concern in global health and international development. This working paper looks at factual evidence to describe the main challenges facing health care delivery in developing countries, including absenteeism, corruption, informal payments, and mismanagement. The author concludes that good governance is important in ensuring effective health care delivery, and that returns to investments in health are low where governance issues are not addressed. The Center for Global Development is an independent think tank that works to reduce global poverty and inequality through rigorous research and active engagement with the policy community. This Working Paper was made possible in part by funding from the William and Flora Hewlett Foundation. Use and dissemination of this Working Paper is encouraged, however reproduced copies may not be used for commercial purposes. Further usage is permitted under the terms of the Creative Commons License. The views expressed in this paper are those of the author and should not be attributed to the directors or funders of the Center for Global Development. www.cgdev.org 1 Governance and Corruption in Public Health Care Systems Maureen Lewis* Senior Fellow Center for Global Development January 2006 * I am grateful to William Savedoff for extensive peer review comments and suggestions, and to James Habyarimana, John Hicklin, Randi Ryterman, Julian Schweitzer, Peter Heller and Adam Wagstaff for helpful comments on earlier drafts. -
Business Corruption: Incidence, Mechanisms, and Consequences
Business corruption: Incidence, mechanisms, and consequences Tina Søreide Chr. Michelsen Institute (CMI) Thesis submitted for the degree of dr. oecon at the Norwegian School of Economics and Business Administration (NHH) Bergen, Norway 9 February 2006 Acknowledgments A PhD study is an individual activity and responsibility. During this study, however, I have benefited from constructive feedback and support. I have met a large number of interesting people, and I have been working in a friendly and stimulating atmosphere at Chr. Michelsen Institute (CMI). Kjetil Bjorvatn has guided me through the process. Repeatedly I was impressed by his combination of critical comments and humor. I am very grateful for his understanding, as well as his comprehensive and rapid response. I also got the benefit of working with two excellent supervisors, Kalle Moene and Susan Rose-Ackerman. Their opinions and corrections have been important, and I have truly appreciated their friendly attitude. My stay as a visiting scholar at Yale University during the spring of 2003 was inspiring, and I wish to thank Susan for inviting me. The PhD study, the stay in New Haven included, has been financed by the Norwegian Research Council, and I am very grateful for their support. The Confederation of Norwegian Enterprise (NHO) gave me substantial backing and encouragement during my empirical studies. I wish to thank them a lot. I will also express gratitude to the survey interviewees and respondents who supported my project with their time and their confidence. The study would not have been started without encouragement from Odd-Helge Fjeldstad, Hildegunn Kyvik Nordås, Arve Ofstad, and support from the CMI administration. -
Robustness and Vulnerabilities to Corruption in Denmark's Aid Funding
NUMBER 2 CMI REPORT JUNE 2017 AUTHORS Arne Strand (CMI) Robustness and vulnerabilities Arne Disch (Scanteam), Mirwais Wardak to corruption in Denmark’s (independent consultant) aid funding modalities in Afghanistan 2 CMI REPORT NUMBER 2, JUNE 2017 Robustness and vulnerabilities to corruption in Denmark’s aid funding modalities in Afghanistan CMI report, number 2, June 2017 Authors Arne Strand (CMI) Arne Disch (Scanteam) Mirwais Wardak (independent consultant) ISSN 0805-505X (print) ISSN 1890-503X (PDF) ISBN 978-82-8062-649-3 (print) ISBN 978-82-8062-650-9 (PDF) Cover photo A man at the marked in Kandahar Airfield is setting up his shop for the day. 2009. Photo by Thomas Sjørup, CC-license. Graphic designer Kristen Børje Hus www.cmi.no This report does not necesarrily reflect the views and opinions of the Danish Embassy in Kabul or the Danish Ministry of Foreign Affairs. NUMBER 2, JUNE 2017 CMI REPORT 3 TABLE OF CONTENTS 1. Background and Introduction 5 2. Denmark’s financial assistance to Afghanistan 6 2.1 Danish Aid 2014–2017 6 2.2 Denmark’s fiduciary arrangements under the ACP 7 3. Corruption Risks and Efforts to Mitigate in Afghanistan 7 4. Models for managing corruption risk in development aid 9 5. Donor Corruption Risk Approaches 11 5.1 World Bank and ARTF 11 5.2 UNDP and LOTFA 12 5.3 The European Union / Commission 13 5.4 Bilateral donor in delegated cooperation agreements: DFID 13 5.5 Directly funded National bodies and NGOs 14 6. Denmark’s anti-corruption policies and practices 14 6.1 National bodies and NGOs 16 6.2 Multilateral programming 16 6.3 Multilateral trust funds 17 6.4 Delegated Cooperation Agreements 18 6.5 Summing Up 19 7. -
Impartiality and Corruption in Sweden
IMPARTIALITY AND CORRUPTION IN SWEDEN CARL DAHLSTRÖM ANDERS SUNDELL WORKING PAPER SERIES 2013:14 QOG THE QUALITY OF GOVERNMENT INSTITUTE Department of Political Science University of Gothenburg Box 711, SE 405 30 GÖTEBORG October 2013 ISSN 1653-8919 © 2013 by Carl Dahlström & Anders Sundell. All rights reserved. Impartiality and Corruption in Sweden Carl Dahlström and Anders Sundell QoG Working Paper Series 2013:14 October 2013 ISSN 1653-8919 ABSTRACT This paper presents data on corruption and impartiality from a unique survey with local politicians in Sweden, which includes answers from about 78 percent of the 13 361 politicians active in the 290 Swedish municipalities. On the basis of a number of questions related to impartiality and corruption, and after checking for respondent perception bias, we construct three indices: one bri- bery index, one partiality index and one recruitment index. The paper also assesses the external validity of these indices, using previous surveys, crime statistics and media reports on corruption. Our main conclusion after these analyses is that the indices hold water, and thus that it is wort- hwhile to include them in future, more explanatory studies on both causes and consequences of corruption and impartiality in Sweden. Carl Dahlström Anders Sundell The Quality of Government Institute The Quality of Government Institute Department of Political Science Department of Political Science University of Gothenburg University of Gothenburg Carl.dahlströ[email protected] [email protected] 2 Introduction Sweden is one of the countries with the lowest corruption levels in the world and is also much cleaner from corruption than it used to be (Rothstein and Teorell 2012; Transparency International 2012). -
Anticorruption in History: from Antiquity to the Modern
ANTICORRUPTION IN HISTORY Anticorruption in History From Antiquity to the Modern Era Edited by RONALD KROEZE, ANDRÉ VITÓRIA and G. GELTNER 1 3 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Oxford University Press 2018 The moral rights of the authors have been asserted First Edition published in 2018 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2017940334 ISBN 978–0–19–880997–5 Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. -
Latvia Towards Europe: Internal Security Issues
North Atlantic Treaty Organization Andris Runcis LATVIA TOWARDS EUROPE: INTERNAL SECURITY ISSUES Final Report The preparation of this Report was made possible through a NATO Award. Rîga, 1999 1 Content Introduction 3 1. The basic aspects of a country’s security 5 2. Latvia’s security concept 8 3. Corruption 10 4. Unemployment 17 5. Non-governmental organizations 19 6. The Latvian banking system and its crisis 27 7. Citizenship issue 32 Conclusion 46 Appendix 48 2 Introduction The security of small countries has been a difficult problem since ancient times. Now, when the Cold War has ended and Europe has moved from a bipolar to a multipolar system, when the communist system in Eastern Europe has collapsed and the Soviet empire has disintegrated – processes which have led to the appearance of a series of new and mostly small countries in Europe – we are witnessing a renaissance of small countries in the international arena. Since regaining independence Latvia’s general foreign policy orientation has been associated with integration into European economic, political and military structures where full membership in the European Union (EU) is the cornerstone. The issue has been one of the most consolidated and undisputed on the country’s political agenda. Latvian politicians have stressed the country’s wish to become a member state of the European Union. On October 14, 1995, all political parties represented in the Parliament supported the State President’s proposed Declaration on the Policy of Latvian Integration in the European Union. On October 27, Latvia submitted its application for membership to the EU. -
Annual Report
2011 Annual Report Transparency International Latvia CONTENTS KEY ACHIEVEMENTS OF 2011 ...................................................................................................................................... 3 1. MAKING POLITICANS AND VOTERS MORE RESPONSIBLE ........................................................................................ 3 MOBILIZING SOCIETY FOR THE SUPPORT OF RULE OF LAW AND THE ANTI-CORRUPTION AGENCY ............................................................ 3 THE NEW PRESIDENT AGREES – AWAY WITH OLIGARCHS’ POWER ................................................................................................... 4 REFRESHING VOTERS’MEMORY BEFORE ELECTIONS ..................................................................................................................... 4 WWW.DEPUTATIUZDELNAS.LV – WATCHDOGGING THE PARLIAMENT AFTER ELECTIONS ...................................................................... 5 2. GUARDING KEY ELEMENTS OF THE NATIONAL INTEGRITY SYSTEM ......................................................................... 5 RIDDING KNAB OF IT’S DESTRUCTIVE CHIEF .............................................................................................................................. 5 IMPROVING AND TESTING KNAB CHIEF SELECTION PROCEDURE ..................................................................................................... 6 LOOKING FOR THE BEST OMBUDSPERSON ................................................................................................................................. -
Rethinking Corruption in an Age of Ambiguity
LS08CH23-Wedel ARI 9 October 2012 7:56 Rethinking Corruption in an Age of Ambiguity Janine R. Wedel School of Public Policy, George Mason University, Arlington, Virginia 22201; email: [email protected] Annu. Rev. Law Soc. Sci. 2012. 8:453–98 Keywords The Annual Review of Law and Social Science is corruption, anticorruption, shadow elite, shadow lobbyist, online at lawsocsci.annualreviews.org accountability, transparency, state, governance, bureaucracy, social This article’s doi: networks, Cold War, post–Cold War 10.1146/annurev.lawsocsci.093008.131558 by 98.218.217.104 on 02/26/13. For personal use only. Copyright c 2012 by Annual Reviews. Abstract All rights reserved The central premise of the article is that the assumptions and approaches 1550-3585/12/1201-0453$20.00 of the “anticorruption industry” that debuted in the 1990s framed the issue of corruption and substantially shaped scholarly inquiry on the Annu. Rev. Law. Soc. Sci. 2012.8:453-498. Downloaded from www.annualreviews.org subject. These assumptions and approaches also limited the ability to see other forms and patterns of corruption on the horizon. This article (a) critically reviews prevailing assumptions and approaches to the study of corruption during and especially after the Cold War, (b) examines the impact of economic frameworks and the anticorruption industry on post–Cold War scholarship, (c) explores contemporary forms of po- tential corruption, (d ) argues that prevailing approaches to corruption may make it more difficult to see contemporary forms of the age-old phenomenon and are ill-equipped to study them, (e) considers how cor- ruption might be reconceptualized to encompass the new forms, and ( f ) argues for a reintegration of ethics and accountability.