Reverti Ad Legitum Dominum: Is there an Erga Omnes Obligation upon States to Return the Proceeds of Corruption?

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Autore principale: Aquino, Janna Preciosa Barizo
Natura: Recurso digital
Pubblicazione: Zenodo 2022
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author Aquino, Janna Preciosa Barizo
author_facet Aquino, Janna Preciosa Barizo
contents <p>This thesis illustrates the issue of corruption in the context of asset-recovery. The text aims to answer the question of whether there exists an erga omnes obligation upon States to return proceeds of corruption, and raises the question on the identity of the victim of corruption – the legal beneficiary of returned assets. The author talks about the problem of corruption and kleptocracy, by defining the term "corruption", as well as the issue of grand corruption and kleptocracy, and continues with a discussion on corruption as a human rights issue. In the next section, the author takes a closer look at the UNCAC and its assetrecovery provisions, along with the 2022 OHCHR Recommended Principles on Human Rights and Asset Recovery. A case study on Equatorial Guinea v. France is then presented and analyzed, and concludes with an attempt to answer the question of to whom stolen wealth is to be returned to if there exists a threat that such funds are in danger of returning to the hands of kleptocrats. Much more needs to be done in the battle to return illegally accumulated assets from the people of plundered nations. Many States that become repositories for stolen assets also dominate financial and economic markets and evidently benefit from embezzled funds. While ideally, a State should not be allowed to benefit from the confiscation of properties of criminals and kleptocrats in their territories, that is not the case, and there are no mechanisms to ensure compliance by States. While the return of stolen wealth should still be made a priority, reliance would have to be made upon good will of State parties.</p>
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publishDate 2022
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spellingShingle Reverti Ad Legitum Dominum: Is there an Erga Omnes Obligation upon States to Return the Proceeds of Corruption?
Aquino, Janna Preciosa Barizo
<p>This thesis illustrates the issue of corruption in the context of asset-recovery. The text aims to answer the question of whether there exists an erga omnes obligation upon States to return proceeds of corruption, and raises the question on the identity of the victim of corruption – the legal beneficiary of returned assets. The author talks about the problem of corruption and kleptocracy, by defining the term "corruption", as well as the issue of grand corruption and kleptocracy, and continues with a discussion on corruption as a human rights issue. In the next section, the author takes a closer look at the UNCAC and its assetrecovery provisions, along with the 2022 OHCHR Recommended Principles on Human Rights and Asset Recovery. A case study on Equatorial Guinea v. France is then presented and analyzed, and concludes with an attempt to answer the question of to whom stolen wealth is to be returned to if there exists a threat that such funds are in danger of returning to the hands of kleptocrats. Much more needs to be done in the battle to return illegally accumulated assets from the people of plundered nations. Many States that become repositories for stolen assets also dominate financial and economic markets and evidently benefit from embezzled funds. While ideally, a State should not be allowed to benefit from the confiscation of properties of criminals and kleptocrats in their territories, that is not the case, and there are no mechanisms to ensure compliance by States. While the return of stolen wealth should still be made a priority, reliance would have to be made upon good will of State parties.</p>
title Reverti Ad Legitum Dominum: Is there an Erga Omnes Obligation upon States to Return the Proceeds of Corruption?
url https://doi.org/10.5281/zenodo.17991803