FIGHTING CORRUPTION Incriminations
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Part in the Programme May Be Extended for a Maximum of Two Years
ACADEMIC NETWORK FOR LEGAL STUDIES ON IMMIGRATION AND ASYLUM IN EUROPE A NETWORK FOUNDED WITH THE FINANCIAL SUPPORT OF THE ODYSSEUS PROGRAMME OF THE EUROPEAN COMMISSION RÉSEAU ACADÉMIQUE D’ÉTUDES JURIDIQUES SUR L’IMMIGRATION ET L’ASILE EN EUROPE UN RESEAU FONDE AVEC LE SOUTIEN FINANCIER DU PROGRAMME ODYSSEUS DE LA COMMISSION EUROPEENNE DIRECTIVE 2001/55 TEMPORARY PROTECTION SYNTHESIS REPORT by GREGOR NOLL & MARKUS GUNNEFLO STUDY ON THE “CONFORMITY CHECKING OF THE TRANSPOSITION BY MEMBER STATES OF 10 EC DIRECTIVES IN THE SECTOR OF ASYLUM AND IMMIGRATION” DONE FOR DG JLS OF THE EUROPEAN COMMISSION END 2007(CONTRACT JLS/B4/2006/03) A Network coordinated by the Institute for European Studies Un Réseau coordonné par l'Institut d'Etudes européennes of the / de l’Université Libre de Bruxelles and composed of academics of the following institutions / et composé de membres du corps académique des institutions suivantes: Université catholique de Louvain (B), Universidade Autonoma de Lisboa (P), Universidade Nova de Lisboa (P), Universität Salzburg (A), Radboud Universiteit Nijmegen (NL), University of Bristol (UK), Universitaet Konstanz (D), Universitaet Göttingen (D), Universidad Pontificia Comillas de Madrid (E), Università degli Studi di Milano (I), Université de Paris-Sud (F), Université de Pau et des pays de l’Adour (F), Vrije Universiteit Amsterdam (NL), Aarhus Universitet (DK), Umeå Universitet(S), Lunds Universitet (S), Åbo Akademi (FIN), University of Turku (FIN), Eötvös Loránd University (HU), University of Silesia (PL), Mykolas Romeris University (LT), University of Ljubljana (SLO), University of Latvia (LV) TABLE OF CONTENTS I. LIST OF NATIONAL RAPPORTEURS 3 II. GENERAL INTRODUCTION TO THE STUDY 4 III. -
Combating Economic Crimes Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment
ROUTLEDGE RESEARCH IN TRANSNATIONAL CRIME AND CRIMINAL LAW Download from:aghalibrary.com Combating Economic Crimes Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment Ndiva Kofele-Kale Download from:aghalibrary.com Combating Economic Crimes In the last decade a new tool has been developed in the global war against offi - cial corruption through the introduction of the offense of “illicit enrichment” in almost every multilateral anti-corruption convention. Illicit enrichment is defi ned in these conventions to include a reverse burden clause, which triggers an automatic presumption that any public offi cial found in “possession of inexplicable wealth” must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because it confl icts with the accused individual’s right to be presumed innocent. Unfor- tunately, the recent spate of international legislation against offi cial corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public offi cial who is accused of illicitly enriching himself from the resources of the state, balanced against the protec- tion of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presump- tion of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law and municipal law. -
Perceptions of Corruption in Germany: a Comparative Study
SIXTH FRAMEWORK PROGRAMME OF THE EUROPEAN COMMISSION RESEARCH PROJECT: CRIME AND CULTURE Crime as a Cultural Problem. The Relevance of Perceptions of Corruption to Crime Prevention. A Comparative Cultural Study in the EU-Accession States Bulgaria and Romania, the EU-Candidate States Turkey and Croatia and the EU-States Germany, Greece and United Kingdom Dirk Tänzler Konstadinos Maras Angelos Giannakopoulos Perceptions of Corruption in Germany: A Comparative Study Discussion Paper Series No 25 2008 2 Dr. Dirk Tänzler is currently Assistant Professor at the University of Konstanz and Co- ordinator of the EU-project ‘Crime and Culture’ 2006-2009. He was Visiting Professor at Vienna University 2005, 2006, Visiting Lecturer at the University of Luzern 2005-2008, Zeppelin University, Friedrichshafen 2006, University of Salzburg 2005, Humboldt University of Berlin 1995, 1996. Director of the Sozialwissenschaftliches Archiv Konstanz (“Alfred-Schütz-Gedächtnis-Archiv)/ Zentralarchiv der Deutschen Gesellschaft für Soziologie 2000-2005, Research Fellow at the University of Konstanz 1999-2000, Research Fellow at the Science Centre Berlin for Social Research (WZB) 1993-1997, Research Fellow at the Institute for Economic Culture at Boston University 1991-1992. He earned his postdoctoral degree (Habilitation) at the University of Konstanz 2005 and his Ph.D. at J.-W. Goethe University of Frankfurt a.M. 1990. His special research and teaching interests are Sociological Theory, Social Philosophy, History of Sociology, Sociology of Knowledge, Sociology of Culture, Political Sociology, Qualitative Methods, Hermeneutics, Media Analysis, Visual Sociology. Dr. Dr. Konstadinos Maras is Lecturer at the University of Tübingen, Faculty of Cultural Sciences, Institute of Art History, Germany. Ph.D. -
Humans and Animals in the Norse North Atlantic
Humans and Animals in the Norse North Atlantic Lara M. Hogg This dissertation is submitted for the degree of Doctor of Philosophy. School of History, Archaeology and Religion. Cardiff University. 2015 SUMMARY It is a well-established fact that all human societies have coexisted with and are dependent upon animals and it is increasingly recognized that the study of human-animal relationships provides vital insights into past human societies. Still this is yet to be widely embraced in archaeology. This thesis has examined human-animal interdependencies to explore the social identities and structure of society in the Norse North Atlantic. Benefitting from recent research advances in animal studies and the ever increasing volume of archaeological reports from Norse period archaeological excavations the North Atlantic this thesis was able to develop previous scholarship and define directions for future research. The thesis explored the role of animals in human society in the North Atlantic to reveal the complex Norse societies that existed. It revealed through human interdependencies with animals that these societies were far from homogeneous and had their own distinct identities with the individual islands as well as across the North Atlantic. The thesis achieved this by examining several important discrete but interlinked themes. These themes were divided into four chapters that focused on the individual aspects. This included an examination of previous North Atlantic Viking Age scholarship, consideration of human construction and perception of landscape through archaeological excavations, investigation of the role of domestic animals in human social activities, and an exploration of the role of domesticated animals in beliefs. -
Development Ofmonitoring Instruments Forjudicial and Law
Background Research on Systems and Context on Systems Research Background Development of Monitoring Instruments for Judicial and Law Enforcement institutions in the Western Balkans Background Research on Systems and Context Justice and Home Affairs Statistics in the Western Balkans 2009 - 2011 CARDS Regional Action Programme With funding by the European Commission April 2010 Disclaimers This Report has not been formally edited. The contents of this publication do not necessarily reflect the views or policies of UNODC or contributory organizations and neither do they imply any endorsement. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of UNODC concerning the legal status of any country, territory or city or its authorities, or concerning the delimitation of its frontiers or boundaries. Comments on this report are welcome and can be sent to: Statistics and Survey Section United Nations Office on Drugs and Crime PO Box 500 1400 Vienna Austria Tel: (+43) 1 26060 5475 Fax: (+43) 1 26060 7 5475 E-mail: [email protected] Website: www.unodc.org 1 Development of Monitoring Instruments for Judicial and Law Enforcement Institutions in the Western Balkans 2009-2011 Background Research on Systems and Context 2 Development of Monitoring Instruments for Judicial and Law Enforcement Institutions in the Western Balkans 2009-2011 Background Research on Systems and Context Justice and Home Affairs Statistics in the Western Balkans April 2010 3 Acknowledgements Funding for this report was provided by the European Commission under the CARDS 2006 Regional Action Programme. This report was produced under the responsibility of Statistics and Surveys Section (SASS) and Regional Programme Office for South Eastern Europe (RPOSEE) of the United Nations Office on Drugs and Crime (UNODC) based on research conducted by the European Institute for Crime Prevention and Control affiliated with the United Nations (HEUNI) and the International Centre for Migration Policy Development (ICMPD). -
Browsing Through Bias: the Library of Congress Classification and Subject Headings for African American Studies and LGBTQIA Studies
Browsing through Bias: The Library of Congress Classification and Subject Headings for African American Studies and LGBTQIA Studies Sara A. Howard and Steven A. Knowlton Abstract The knowledge organization system prepared by the Library of Con- gress (LC) and widely used in academic libraries has some disadvan- tages for researchers in the fields of African American studies and LGBTQIA studies. The interdisciplinary nature of those fields means that browsing in stacks or shelflists organized by LC Classification requires looking in numerous locations. As well, persistent bias in the language used for subject headings, as well as the hierarchy of clas- sification for books in these fields, continues to “other” the peoples and topics that populate these titles. This paper offers tools to help researchers have a holistic view of applicable titles across library shelves and hopes to become part of a larger conversation regarding social responsibility and diversity in the library community.1 Introduction The neat division of knowledge into tidy silos of scholarly disciplines, each with its own section of a knowledge organization system (KOS), has long characterized the efforts of libraries to arrange their collections of books. The KOS most commonly used in American academic libraries is the Li- brary of Congress Classification (LCC). LCC, developed between 1899 and 1903 by James C. M. Hanson and Charles Martel, is based on the work of Charles Ammi Cutter. Cutter devised his “Expansive Classification” to em- body the universe of human knowledge within twenty-seven classes, while Hanson and Martel eventually settled on twenty (Chan 1999, 6–12). Those classes tend to mirror the names of academic departments then prevail- ing in colleges and universities (e.g., Philosophy, History, Medicine, and Agriculture). -
6. Party Finance, Party Donations and Corruption the German Case 6.1
6. Party Finance, Party Donations and Corruption 1 The German Case Ulrich von Alemann 6.1. The Study of Corruption in Germany Some 30 years ago in Germany corruption was an almost unknown term in politics and political science referring only to the fall of old regimes in ancient times or to the rise of bizarre puppet governments in the postcolonial developing countries. “The Germans spoiled by an extremely honest public administration for more than a century and a half, are sensitive to charges of corruption even today”, Theodor Eschenburg, one of the leading senior scholars of German postwar political science declared in Heidenheimer’s first edition of his famous handbook on corruption (Eschenburg, 1970: 259). In the mid-eighties one of the first German political scientists publishing on corruption, Paul Noack, still maintained: “The Germans have always nurtured a faith that theirs is one of those nations that has proved to be most resistant to corruption” (Noack, 1985: 113). Those times are gone forever. During the eighties the Flick-scandal shocked German politics, but also a number of local and regional affairs exposed the myth of a civil service clear of corruption. Sociology, political science, history, law and economics started to discover the issue of corruption. A first big volume was by the Austrian researcher Christian Brünner (1981). The monograph of Paul Noack was followed by a reader of Christian Fleck and Helmut Kuzmics titled “Korruption. Zur Soziologie nicht immer abweichenden Verhaltens” (1985). At the end of the eighties I myself published my first short piece of corruption research in the second edition of Heidenheimer’s handbook on political corruption (von Alemann, 1989). -
Case Study: Deutsche Bahn AG 2
Case Study : Deutsche Bahn AG Deutsche Bahn on the Fast Track to Fight Co rruption Case Study: Deutsche Bahn AG 2 Authors: Katja Geißler, Hertie School of Governance Florin Nita, Hertie School of Governance This case study was written at the Hertie School of Governanc e for students of public po licy Case Study: Deutsche Bahn AG 3 Case Study: Deutsche Bahn AG Deutsche Bahn on the Fast Track to Fight Corru ption Kontakt: Anna Peters Projektmanager Gesellschaftliche Verantwortung von Unternehmen/Corporate Soc ial Responsibility Bertelsmann Stiftung Telefon 05241 81 -81 401 Fax 05241 81 -681 246 E-Mail anna .peters @bertelsmann.de Case Study: Deutsche Bahn AG 4 Inhalt Ex ecu tive Summary ................................ ................................ ................................ .... 5 Deutsche Bahn AG and its Corporate History ................................ ............................... 6 A New Manager in DB ................................ ................................ ................................ .. 7 DB’s Successful Take Off ................................ ................................ ............................. 8 How the Corruption Scandal Came all About ................................ ................................ 9 Role of Civil Society: Transparency International ................................ ........................ 11 Cooperation between Transparency International and Deutsche Bahn AG .................. 12 What is Corruption? ................................ ................................ ............................... -
Working Papers 00/1 International Series Chair Forest Policy and Forest Economics Department of Forest Sciences
Working Papers 00/1 International Series Chair Forest Policy and Forest Economics Department of Forest Sciences Trends in Forestry Legislation: Western Europe Maria-Teresa Cirelli and Franz Schmithüsen FAO Legislative Study On Line, Nr. 10; http://www.fao.org/legal/prs-ol/cirelli2.pdf (June 2000) Zurich 2000 I TABLE OF CONTENTS SUMMARY II 1. OVERVIEW OF CURRENT FORESTRY LEGISLATION IN THE REGION 1 2. SIGNIFICANT TRENDS IN COUNTRY SPECIFIC FORESTRY LEGISLATION 11 2.1. Sustainable Forest Management 11 2.2. Forest Management Planning 12 2.3. People's Involvement in Forestry 14 2.4. Regulation of and Support to Private Forestry 17 2.5. Government Financial Support to Forestry 19 2.6. Harmonisation with Forestry Related Policies and Legislation 20 2.7. Protection against Forest Fires 21 3. FORESTRY RELATED EUROPEAN COMMUNITY LEGISLATION 22 4. CONCLUSIONS 26 LEGISLATION REVIEWED 28 BIBLIOGRAPHY 30 II SUMMARY In many countries of Western Europe forest laws have long histories, and have been subject to revision and amendment in light of new social, economic and environmental demands. As a result, there is a great variety of times of adoption, structures and contents in the principal forestry legislation as applicable at present. Nevertheless, a review of this body of legislation reveals certain overall trends and insights as to the evolutionary direction of forest law in the region. Generally, the content of most laws has become multi-purpose oriented and refers in particular to sustainable forest management, public participation, private forestry, Government support to forestry, integration of forestry and related activities, and protection against fires and the adverse effects from natural calamities. -
Crime and Culture : Breaking New Ground in Corruption Research
SIXTH FRAMEWORK PROGRAMME OF THE EUROPEAN COMMISSION RESEARCH PROJECT: CRIME AND CULTURE Crime as a Cultural Problem. The Relevance of Perceptions of Corruption to Crime Prevention. A Comparative Cultural Study in the EU-Accession States Bulgaria and Romania, the EU-Candidate States Turkey and Croatia and the EU-States Germany, Greece and United Kingdom Dirk Tänzler Konstadinos Maras Angelos Giannakopoulos Crime and Culture Breaking New Ground in Corruption Research Discussion Paper Series No 1 2007 2 Dr. Dirk Tänzler is currently visiting Professor at the University of Zurich 2007, Assistant Professor at the University of Konstanz and Co-ordinator of the EU-Research-Consortium ‘Crime and Culture’ 2006-2008. He was Visiting Professor at Vienna University 2005, 2006, Visiting Lecturer at the University of Luzern 2005-2008, Zeppelin University, Friedrichs- hafen 2006, University of Salzburg 2005, Humboldt University of Berlin 1995, 1996. Director of the Sozialwissenschaftliches Archiv Konstanz (“Alfred-Schütz-Gedächtnis-Archiv)/ Zentralarchiv der Deutschen Gesellschaft für Soziologie 2000-2005, Research Fellow at the University of Konstanz 1999-2000, Research Fellow at the Science Centre Berlin for Social Research (WZB) 1993-1997, Research Fellow at the Institute for Economic Culture at Boston University 1991-1992. He earned his postdoctoral degree (Habilitation) at the University of Konstanz 2005 and his Ph.D. at J.-W. Goethe University of Frankfurt a.M. 1990. His special research and teaching interests are Sociological Theory, Social Philosophy, History of Sociology, Sociology of Knowledge, Sociology of Culture, Political Sociology, Qualitative Methods, Hermeneutics, Media Analysis, Visual Sociology. Dr. Dr. Konstadinos Maras is Lecturer at the University of Tübingen, Faculty of Cultural Sciences, Institute of Art History and research assistant at the “European Centre for Scientific, Ecumenical and Cultural Co-operation”, Würzburg, responsible for documentation and research on the European and International Philhellenism. -
High Court Judgment Template
Neutral Citation Number: [2017] EWHC 2791 (Ch) Case No: CR-2017-005571 IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION COMPANIES COURT Royal Courts of Justice Rolls Building, Fetter Lane, London, EC4A 1NL Date: 09/11/2017 Before : HHJ PAUL MATTHEWS (sitting as a Judge of the High Court) - - - - - - - - - - - - - - - - - - - - - Between : IN THE MATTER OF AGROKOR DD AND IN THE MATTER OF THE CROSS-BORDER INSOLVENCY REGULATIONS 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Tom Smith QC and William Willson (instructed by Kirkland & Ellis International LLP) for the Applicant David Allison QC and Adam Al-Attar (instructed by Linklaters LLP) for the Respondent Hearing dates: 23-26 October 2017 - - - - - - - - - - - - - - - - - - - - - Approved Judgment I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic. ............................. HHJ PAUL MATTHEWS (SITTING AS A JUDGE OF THE HIGH COURT) HHJ PAUL MATTHEWS Re Agrokor DD and the Cross-Border Approved Judgment Insolvency Regulations 2006 HHJ Paul Matthews : Introductory 1. This is my judgment on an application dated 27 (but issued by the court on 28) July 2017, by Ante Ramljak. He is the “foreign representative” within article 2(j) of Schedule 1 to the Cross-Border Insolvency Regulations 2006 (“CBIR”) of Agrokor DD (“the company”), a company incorporated under the laws of Croatia. The application is for recognition in Great Britain (ie England, Wales and Scotland) under the CBIR of what are called “extraordinary administration proceedings” in Croatia as a “foreign proceeding” within article 2(i) of Schedule 1 to the CBIR. -
General Agreement on Tariffs and Trade
RESTRICTED GENERAL AGREEMENT ON SR.19/12 TARIFFS AND TRADE 21 December 196l Limited Distribution CONTRACTING PARTIES Page 187 Nineteenth Session SUMMARY RECORD OF THE TWELFTH SESSION Held at the Palais des Nations, Geneva, on Saturday, 9 December 1961, at 2.30 p.m. Chairman: Mr. BARBOSA DA SILVA (Brazil) SES. Subjects discussed: 1. Admission of Tanganyika 188 2. Expansion of trade - Tariff Conference 189 3. Accession 192 (a) Israel 193 (b) Portugal 194 (c) Extension of Provisional Accession of Tunisia 198 4. Newly-independent States 199 5. Longer-term solutions to butter marketing problems 200 6. United Kingdom negotiation (bananas) 7. Italian restrictions on imports from Israel 203 8. Residual "hard-core" restrictions - Italy 205 9. Latin American Free Trade Area 205 10. Borneo Free Trade Area 206 11. Expansion of trade - derestriction and publication of documents - measurement of agricultural protection 209 12. Programme of meetings for 1962 211 Financial and administrative questions 212 14. Chairmanship of ICCICA 213 15. Election of officers 214 16. Chairman's closing statement 214 SR.19/12 Page 188 1. Admission of Tanganyika (L/l654) The CHAIRMAN recalled that a communication from the Government of the United Kingdom, advising that on 9 December Tanganyika would acquire full autonomy in the conduct of its external commercial relations, had been distributed in document L/1Ô54; the Government of the United Kingdom sponsored Tanganyika to become a contracting party in accordance with the provisions of Article XXVT:5(c). In the same document a letter from the Government of Tanganyika had been reproduced advising that it wished to be deemed a contracting party pursuant to Article XXVI:5(c) as from 9 December.