Work

Flexible Institution Building in the International Anti-corruption Regime: Proposing a Transnational Asset Recovery Mechanism

Year: 2023

Type: article

Abstract: Asset recovery is a fundamental principle of anti-corruption law, without which the financial damage from corruption cannot be repaired. Yet recovering assets is notoriously difficult and time-consuming, and the United Nations Convention Against Corruption provides little technical or institutional support to facilitate such returns. To remedy this, we propose the creation of a transnational asset recovery mechanism that could provide myriad services to states upon request, including gathering and publishing information, providing technical assistance and capacity building, helping to conclude agreements on asset return, and monitoring returned funds. Theoretically, we introduce the concepts of customizability and selectability to explain why a flexible transnational asset recovery mechanism has advantages over more formal international institutions, such as an international anti-corruption court. These benefits include lower financial and political costs, enhanced adaptability, and a greater likelihood of enhancing interstate cooperation regarding asset returns.

Source: American Journal of International Law

DOI: 10.1017/ajil.2023.32

Authors: Laurence R. Helfer, Cecily Rose, Rachel Brewster

Institutions: University of Copenhagen, Duke University, Leiden University

Language: English

Topic: Corruption and Economic Development

Subfield: Sociology and Political Science

Field: Social Sciences

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Partnerships for the goals

Open Access status: hybrid

Estimated APC paid: $3,255