مكافحة الفساد في ضوء القانون الدولي

الموضوعات

قانون

روابط وملفات

التعريف والنوع

رقم الوثيقة

f9dbae41-e25f-45b9-aebe-a4cd910557e7

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل ماجيستير

نوع الملف

word

أسماء الملفات

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بيانات النشر

ترجمة العنوان

The Fight Against Corruption in International Law

ألقاب المؤلفين

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اللغة

Arabic

المصدر والدورية

اسم المصدر

مكافحة الفساد في ضوء القانون الدولي

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

Corruption is the old and new subject and is well known by all people who have heard lots of matters about it. This phenomenon has different pictures: administrative, financial, political, social, moral or natural. What is important for us here is the administrative and financial corruption which our study is restricted to. Administrative and financial corruption is no more an internal issue as it has become an international phenomenon of universal dimension that threatens international peace and security and undermines democracy, justice system and supremacy of law and also violates human rights and affects the economy of countries and weakens any wise government. This has pushed the international community to unite its efforts to drive its dangers away and to fight it. On international level, the most noticeable achievement is the United Nations agreement for fighting corruption in the year 2003 which has laid the cornerstone of the member states for fighting corruption according to their internal laws in addition to the founding of an international academy in 2010 for the fighting of corruption. The study of the subject – Fighting Corruption in the Light of International Law- aims at showing the extent of effectiveness of international laws in fighting Administrative and Financial Corruption through showing rules of prohibition and incrimination and rules of international cooperation as well as displaying that preventing corruption and putting an end to it are not confined to the public sector only but extend to cover individuals and groups in the public sector such as civil societies, civil society organizations and non-governmental organizations in addition to manifesting the role of international organizations in fighting administrative and financial corruption. In order to achieve this aim, an analytic and descriptive method has been adopted. This study has also been divided into chapters and as follows: Title of the first chapter: (Definition of Administrative and Financial Corruption and fighting it on International Level). This chapter has been divided into three themes. The first theme deals with the meaning of Administrative and Financial Corruption in the light of economic, social and political sciences as well as in the light of internal laws and international laws concerned with fighting corruption and also by international organizations. The theme also deals with the kinds and characteristics of corruption and the reasonable grounds behind its occurrence and effects. It has been clear that there is no unified definition for Administrative and Financial Corruption. This is due to the fact that corruption is looked at from different angles among which are the political, economical, social or administrative visions. This has been reflected on international level as international organizations and agreements have defined corruption differently as each has defined it according to the way it is looked at. The second theme of this chapter has manifested the reasons of fighting administrative and financial corruption on international level and these reasons are represented in the supremacy of law, democracy, human rights and development as well as the legal basis for fighting it internationally and the development of international rules in this respect. It has been shown in this theme that protection of the supremacy of law from the corruption phenomenon is carried out through embodying the principles of the supremacy of law in the corruption fighting policies or supporting principles of integrity among the members of the judicial organ and public prosecution if they enjoy independence. A society free from corruption has become one of the basic human rights as the right of living in dignity and equality depends largely on this right. The legal basis of fighting administrative and financial corruption has been represented on international level in (paragraph 3, 4 - Article 1) of the United Nations Charter. It is also not possible to interfere in the affairs of any country or violate its sovereignty under the pretext of fighting corruption. The beginning of international interest in the question of fighting administrative and financial corruption is represented in the Vienna agreement for the treaties law of 1969. This agreement has given the right to end its commitment to the treaty if its representative has been corrupted directly or indirectly (Article 50) of the agreement. As for theme (3), it has shown rules of preventing administrative and financial corruption on international level. These rules have been represented in the necessity for establishing an independent commission for fighting corruption and observance of qualification, fairness and eligibility in the choice of public employees and the adoption of a corpus of rules for the conduct of employees and putting down penalties when such rules are violated. Also to inform people about corruption and its dangers; prevent the conflict of interests, clarity, accuracy and transparency in taking administrative decisions as well as in the administration of public funds through public purchase processes or tenders and the rules that support supremacy of law through granting independence and adopting conduct rules for members of the judicial staff and public prosecution if they are independent and the actions that should be taken by the state to avoid the occurrence of money laundry crime, i.e. the procedures that prevent or reduce the chances for the occurrence of money laundry crime. These procedures are represented in the necessity for establishing an intelligence and financial information unit and laying down systems that can identify the identities of agents and beneficiaries. The financial organizations are obligated to keep accounts and documents wherein financial processes that are done for their agents are written down. The other action to be done is to enhance and develop international and regional cooperation, below regional cooperation and bilateral cooperation between the proper authorities involved in the fighting of money laundry. As for chapter (2), we have devoted this chapter to show the rules of fighting crimes that are related to administrative and financial corruption on international level. The chapter has been divided into three themes. The first theme has been allotted to the study of the substantive rules for fighting administrative and financial corruption crimes on international level. The criminal corruption acts have been shown in this theme in the light of international agreements concerned with the fighting of corruption represented in bribery, embezzlement, trading by exercising influence, abuse to job exploitation, unlawful enrichment, money laundry gained from corruption and hiding funds gained from corruption in addition to the responsibility resulting from corruption acts which are either administrative, civil or criminal. The international agreements involved in the fighting of corruption have shown that the corruption crime is established whether it is complete or incomplete. We have devoted theme (2) to showing the procedural rules for fighting administrative and financial corruption on international level. These rules are represented in the special investigation methods and the proper judicial body involved in dealing with corruption matters and the forms of encouragement to uncover and tell about corruption crimes. Theme (3) has been allotted to showing the rules of international cooperation for fighting administrative and financial corruption on international level in criminal and civil matters. It has been clear in theme (3) that the legal basis for international cooperation is represented in the treaties the states are bound to in this respect. In the case of absence of any treaty, the international agreements concerned with fighting corruption are regarded as the legal basis of cooperation. It cannot be alleged that banking confidentiality does not permit any international cooperation and that other people's rights out of their goodwill have not to be violated when confiscating or recovering funds gained by administrative and financial corruption crimes. Chapter three deals with the role of international organizations in fighting administrative and financial corruption. The chapter has been divided into three themes. Theme (1) deals with the role of the UN organization in fighting administrative and financial corruption through its bodies that are represented in the (General Assembly, Economic and Social Council and the Secretariat General of the organization). The organs have expressed through their decisions that they condemn corruption in all its shapes and forms because of the negative impacts it leaves on the international community. Perhaps the most distinctive achievement done by the United Nations is the corpus for employees conduct rules who are charged with the implementation of the rules of 1979 and the announcement by the United Nations of the fighting of corruption and bribery and the agreement for the fighting of corruption in 2003. The second theme has been devoted to showing the role of regional organizations in the fighting of administrative and financial corruption. We have restricted this subject to manifesting the role of European organizations such as the (Europe Council and the European Union) and the Arab League. The third theme has shown the role of non-governmental specialized international organizations in the fighting of administrative and financial corruption. We have restricted our research to those institutions that are financial in nature such as the (World Bank, International Monetary Fund and the World Trade Organization) and criminal institutions such as the International Criminal Police Organization (INTERPOL). As regards non-governmental organizations, we have confined our study to the International Transparency Organization only as it plays an active role in the fighting of corruption and that the core of its work is to spread an international enlightenment of the dangers of corruption and develop the potentialities of all the society groups and classes for the purpose of support and cooperation in order to stand against the intensification of the corruption epidemic in the international community.

إشراف وإعداد

الإشراف

هادي نعيم المالكي

الإعداد

حيدر جمال تيل الجوعاني

الاقتباسات الببليوغرافية