Browsing Corruption and Transparency Collection by Title
Now showing items 4995-5014 of 11024
I kölvattnet av en korruptionsskandal : En studie om antikorruptionsåtgärder och dess effekter i två svenska kommunerIn international corruption indexes, such as Transparency International’s Corruption Perception Index, Sweden often ranks as one of the least corrupt countries in the World. Despite this, the country still experiences corruption scandals, particularly in local government. In the wake of a scandal, municipalities tend to react swiftly and initiate anti- corruption reforms. However, despite such actions, new scandals re-emerge. The purpose of the study is to analyze why the undertaken reforms are not always successful in preventing new scandals from happening. In order to do so, I focus on anti-corruption measures in two large Swedish municipalities that have repeatedly experienced corruption scandals, despite having taken action and putting anti-corruption measures in place: the cities of Norrkoping and Gothenburg. Interviews on the scandals and the anti-corruption reforms were conducted with officials and politicians, and empirical evidence has also been gathered from public documents and audit reports. The principal-agent theory and the ideal types of “value based” and “compliance based” approaches are the theoretical tools which are used to analyze the undertaken anti-corruption reforms. The results show that the reforms undertaken indeed have improved the integrity systems of the cities. However, the reoccurring scandals can best be explained by the fact that the reforms have not been properly incorporated properly in the administrations, which in some cases have resulted in an ignorance of the rules. Some scandals can also be explained by conscious criminal acts from the agents, acts that are difficult to guard oneself against no matter how well-designed the anti-corruption institutions are. The results hence show that it is hard to design institutions that obliterate the corruption that are undertaken on purpose by agents.
I. Actors at Play: States, International Organizations and Non-state OrganizationsIn order to analyze the process of negotiations that took place in the preparation of a tax agreement between Switzerland and Germany, this section presents the different actors at play. There are many actors that were active in the run up to the start of official negotiations between Germany and Switzerland. In order to remain brief, only the main actors and their main challenges or issues are presented: Germany and Switzerland; international organizations such as the OECD, the G20 and the E...
ICC Rules on Combating CorruptionThese ICC Rules are intended as a method of self-regulation by business against the background of applicable national law and key international legal instruments. Their voluntary acceptance by Enterprises will promote high standards of integrity in business transactions, whether between Enterprises and public bodies or between Enterprises themselves. These Rules play an important role in assisting Enterprises to comply with their legal obligations and with the numerous anti-corruption initiatives at the international level. They also provide an appropriate basis for resisting attempts at extortion or solicitation of bribes. These Rules are of a general nature constituting what is considered good commercial practice. They reflect, and should be read in accordance with the key international legal instruments listed in Appendix A. All Enterprises should conform to the applicable laws and regulations of the countries in which they are established and where they operate, and should observe both the letter and the spirit of these Rules.
ICC Third Party GuidelinesThese ICC Guidelines on Agents, Intermediaries and Other Third Parties voluntary guidelines provide companies with advice on how to choose and manage third parties. Third Parties can sometimes present the “weak link in the chain” in terms of an enterprise’s anti-corruption policies and practices. That is why these Guidelines are presented as a useful guidance tool for enterprises to help them manage third parties and reduce the risk of reputational damage to the enterprise. It is envisaged that these Guidelines are to be referred to only where a structured risk management approach indicates that one is confronted with a sensitive choice in the vetting or managing of a Third Party. It should be emphasized that these Guidelines are voluntary, and not prescriptive, and offer a benchmark for companies to adapt to their particular circumstances if they wish. They are of a general nature on what is considered good commercial practice, without any legal or binding effect. It is paramount that enterprises are able to retain flexibility in the manner they may choose to seek guidance from these ICC Guidelines. These Guidelines refer to the provisions of the ICC Rules for Combating Extortion and Bribery, indicating that enterprises should take measures within their power to ensure that agents agree explicitly not to pay bribes and that enterprises maintain records of all agents retained.
ICC Views on the UN Convention Against Corruption"The United Nations Convention against Corruption, adopted on 9 December 2003 in Merida, Mexico, marks an important breakthrough in the global fight against corruption, making the prohibition of corruption an integral part of the international public order. The International Chamber of Commerce (ICC), through its Commission on Anti-Corruption,played an active role in the consultation process leading up to the signing of the Convention, providing business input into the negotiations and highlighting key areas of priority for international business. ICC, the world business organization, presents in this statement its views on the UN Convention against Corruption and calls all signatory countries to work towards its rapid ratification and implementation into national law. In this context, ICC firmly believes that the establishment of an appropriate UN-led monitoring process will be fundamental to ensure the effective implementation and enforcement of the Convention by all signatories. "
ICSID 2012 Annual ReportThe recent growth in investor-state
arbitration has continued apace. International Center for
Settlement of Investment Dispute (ICSID) registered a record
38 cases in 2011, and had registered 19 further cases by
June 30, 2012. Included in these numbers are 3 new
conciliation cases, showing an increased resort not simply
to arbitration but also to alternative methods of dispute
resolution available under the ICSID convention and
additional facility. Such statistics should not be
considered in isolation from their broader economic context.
There have been unprecedented increases in global flows of
foreign direct investment in the last two decades. These
statistics must also be read in light of the fact that
international investment law and investor-state dispute
settlement are a new discipline. ICSID continues to play a
vital role in the evolving international investment legal
system. Its primary job is very specific: to offer foreign
investors and host States an impartial, effective and
accessible facility for arbitration and conciliation of
international investment disputes. ICSID has taken numerous
steps in the past year to enhance its capacity to fulfill
this role. In September of 2011, ICSID announced a new list
of Chairman's appointees to the panel of arbitrators
and panel of conciliators. ICSID will continue its efforts
to provide excellent service to disputing parties in the
ICSID 2013 Annual ReportInternational investment law and
international investment arbitration are relatively new
disciplines: the first bilateral investment treaty was
signed by Pakistan and Germany in 1959, the first investment
treaty offering investor-state arbitration was concluded in
1968 between the Netherlands and Indonesia, the first
International Center for Settlement of Investment Dispute
(ICSID) case was registered in 1972, and the first
treaty-based investment case was registered by the Centre in
1987. The Centre itself was established in 1966, along with
the coming into force of the ICSID convention. It was the
first dispute resolution facility designed exclusively for
international investment dispute settlement, and it
continues to be the only international facility dedicated to
this area. This specialized mandate has allowed ICSID to
develop an unparalleled expertise and focus, which benefits
disputing parties, arbitrators and contracting states.
Cumulatively, ICSID has administered over 430 cases,
involving foreign investors from all regions of the world
and more than 95 states and state agencies under the ICSID
convention and rules. In addition, it has administered over
40 investment arbitration cases initiated under the United
Nations Commission on International Trade Law (UNCITRAL)
arbitration rules and other arbitral rules. The
end-of-fiscal year results confirm that ICSID remains the
leader in international investment dispute resolution. This
report is organized as follows: chapter one gives
introduction; chapter two gives list of contracting states
and other signatories of the convention; chapter three
presents panels of arbitrators and of conciliators; chapter
four gives operations of the Centre; chapter five presents
outreach of ICSID; chapter six deals with forty-sixth annual
meeting of the administrative council; and chapter seven
presents financial statements of ICSID.
ICSID 2014 Annual ReportThe Centre s activities in fiscal year
2014 are presented in detail in this report. They
demonstrate why the Centre is still considered the lead
international institution in this field. ICSID benefits from
a broad and diverse membership, representing States from all
legal traditions. In the past year ICSID welcomed Canada as
the 150th Member State, and the Republic of San Marino as
the 159th signatory State to the ICSID Convention.
Similarly, ICSID has encouraged the development of a larger
and more diverse group of case decision-makers, who reflect
the diversity of ICSID s membership. It has adopted
practices to propose arbitrators and conciliators from all
States and of both genders, and has made progress in
reaching this objective. Likewise, Member States have
contributed to this objective by designating 82 new persons
to the Panels of Arbitrators and of Conciliators in the past year.
ICTs for Financial Services in AfricaThe second most populous continent in the world and with abundant natural resources, Africa continues to grow as the world's economy currently stands on shaky ground. However, steady GDP gains are sometimes obscured by the continent's economic, political and social problems. As Africa grows and becomes more tightly integrated with the global economy, its citizens and businesses increasingly need access to financial services tools that will allow them to compete. ICT is one avenue for increasing that access as ICT and financial services complement each other. ICTs allow for greater financial inclusion, and the financial services sector is a primary driver of communications and network technology. However, the financial services sector has distinct developmental challenges. Issues of trust, consumer protection, and network systemic risks that can slow the pace of progress require clear and strong regulations. The need for policy and regulatory development is made more difficult by the speed of technological change. Nevertheless, strategic intervention through policy or public investment can play a critical role in addressing the challenges faced by the financial services sector.
ICTs for Modernizing Government in AfricaICT is fundamentally changing the way in which government representatives, citizens, business and other agents of the state interact throughout the world as well as in Africa. The public service sector has strategic significance as it impacts not only on the well-being of individuals, families and communities and on individual national governments but indirectly on the stability of the global economy. The associated high expectations, particularly regarding the speed and flexibility with which public service providers can respond to individual requests, provide feedback on programs and expenditure and handle national crises, are extremely challenging. Efficient service delivery is frequently hampered by program developers who do not listen sufficiently carefully to the poor and hence are not able to identify their needs and prioritize them. Planning that focuses on supplier interests rather than those of the end-user is also a problem.
Idea de un sistema anticorrupciónEn la columna de hoy vamos a dar una serie de razones para la prudencia sobre el publicitado sistema anticorrupción, sea a nivel nacional o a nivel de Jalisco. Creo que es importante plantear estas cuestiones, para que la iniciativa (al fin y al cabo, un conjunto de órganos que actuarán en un orden preexistente) no acabe en la enésima institución hueca. Estos son algunos puntos a tener en cuenta para ir hasta el fondo de esta idea de un “sistema anticorrupción”
Identification of Counter Threat Finance Entry Points and Prioritization of US Northern Command SupportUSNORTHCOM asked the Joint Advanced Warfighting Program at the Institute for Defense Analyses to provide critical analyses of the authorities, responsibilities, and limitations that would guide the command's counter threat finance mission. This document, identifies key US Government agencies that have a stake in efforts to deter, disrupt, and dismantle the financial networks of the Mexican transnational criminal organizations. The JAWP team developed this appraisal and recommendations based on interviews with the stakeholders, team members' experiences working in law enforcement and CTF communities, and an analysis of the roles, missions, and responsibilities of those agencies. The specific question the JAWP team answered was where USNORTHCOM should place limited CTF resources in order to obtain the greatest return on investment.
Identification of Institutional Factors in Bank Operations: Flexibility v. Early Detection: Case Studies in the Citizen Security and Transparency Sub-SectorsThe study seeks to survey the prevalence of institutional factors posing risks or vulnerabilities to selected Bank operations and the time at, and mechanisms through which these are addressed. As a first study, it focuses on two sub-sectors of the Reform and Modernization of the State sector: Citizen Security and Transparency and Anti-Corruption. The study unfolds in three segments: 1) to identify institutional factors and their impact on sub-sector operations through document review, interviews and other Bank information sources; 2) pointing to existing Bank approaches of addressing institutional factors and suggesting new considerations for their dealing in light of the analysis of survey results, as might be the false dichotomy of early identification v. flexibility; and 3) to cross-check the study's findings on the presence of institutional factors with those yielded by the Matrix of Institutional Factors (MAFI) developed for ICF/ICS, as to assess its effectiveness in factor identification. The main conclusion of the study is that both flexibility and implementation are important elements in project design, at least in the sub-sectors studied.
Identifying the Potential Advantages and Disadvantages of Creating a Separate Foundation for Development at the University of KentuckyStatement of Issue The question of whether or not the University of Kentucky should create a legally independent, institutionally related foundation to receive, hold, invest, and administer the private gift support of the University has been an ongoing debate between UK administrators for many years. This study seeks to identify the potential advantages and disadvantages of creating such a foundation by: (1) conducting a qualitative analysis consisting of personal interviews with officials from the University of Kentucky, the University of Louisville, Western Kentucky University, and Murray State University; and (2) conducting a quantitative regression analysis to determine whether or not there is a significant statistical relationship between the presence of such a foundation and (a) total dollars raised, and (b) endowment investment performance. Key Findings from Qualitative Analysis Without a separate foundation, UK is able protect private gift funds from state budget cuts. Without a separate foundation, UK is able to legally offer and protect donor confidentiality. UK is no less flexible in its ability to invest private gift funds than other state universities that manage their endowments through separate foundations. A separate foundation would allow UK to bypass time-consuming state regulations associated with accepting and selling real property donations. Although such occurrences are rare, separate foundations pose the risk of creating accountability problems for public universities. Key Findings from Quantitative Analysis No significant statistical relationship exists between the Presence or Absence of a Separate Foundation and the dependent variable Total Dollars Raised—3-Year Average at public research/doctoral universities. No significant statistical relationship exists between the Presence or Absence of a Separate Foundation and the dependent variable Percent Increase/Decrease in Total Endowment from 2002-2003 at public research/doctoral universities. Conclusion The absence of a separate foundation at UK is not related to its fundraising performance as measured by 1) total dollars raised and 2) percent growth in endowment. UK has most of the flexibility that separate foundations have in receiving, investing, and administering private gift support. Only one potential advantage was identified regarding the creation of a separate foundation at UK: the ability to accept and sell real property gifts more expeditiously. Because this advantage involves bypassing state laws that are grounded in the need for oversight of public resources, it raises numerous practical and ethical concerns. I therefore recommend that UK abstain from creating a separate foundation.
Identity fraud and land registration systems : an Australian perspectiveThere is no doubt that fraud in relation to land transactions is a problem that resonates amongst land academics, practitioners, and stakeholders involved in conveyancing. As each land registration and conveyancing process increasingly moves towards a fully electronic environment, we need to make sure that we understand and guard against the frauds that can occur. What this paper does is examine the types of fraud that have occurred in paper-based conveyancing systems in Australia and considers how they might be undertaken in the National Electronic Conveyancing System (NECS) that is currently under development. Whilst no system can ever be infallible, it is suggested that by correctly imposing the responsibility for identity verification on the appropriate individual, the conveyancing system adopted can achieve the optimum level of fairness in terms of allocation of responsibility and loss. As we sit on the cusp of a new era of electronic conveyancing, the framework suggested here provides a model for minimising the risks of forged mortgages and appropriately allocating the loss. Importantly it also recognises that the electronic environment will see new opportunities for those with criminal intent to undermine the integrity of land transactions. An appreciation of this now, can see the appropriate measures put in place to minimise the risk.
Identity versus interests Governance ethics under dissent pressureIn Zeiten wachsender Orientierungslosigkeit und Unuebersichtlichkeit waechst das Beduerfnis nach Stabilitaet, Werten, Verlaesslichkeit, Kohaerenz sowohl bei Individuen als auch bei Gemeinschaften von Individuen. Individuen ringen um ihre Lebenserzaehlung. Selbst-Bewusstsein, Selbst-Verwirklichung und Selbst-Bestimmung sind entscheidende Aspekte dieses Ringens. Vor diesem Hintergrund befasst sich der Autor in seinem Beitrag mit dem Ringen um Identitaet unter den durchgeschuettelten Individuen in unuebersichtlichen Zeiten. Dabei gliedern sich die Ausfuehrungen in drei Kapitel: In einem ersten Schritt gilt die Aufmerksamkeit dem fundamentalistischen Reflex posttraditionaler Identitaetsprojekte. So legen etablierte Konzepte zur Analyse von Identitaetsfragen den Schwerpunkt weitgehend auf die Beobachtung sozialer Interaktionen in spezifischen Situationen. Die Identitaetsfragen der reflexiven Moderne lassen sich allerdings mit derartigen Konzepten aus mehreren Gruenden kaum deuten. In einem zweiten Schritt folgt die Auseinandersetzung mit den etablierten interessenbasierten Argumentationen in der Unternehmensethik-Debatte. Dabei wird aufgezeigt, dass Situationen denkbar sind, in denen ein Interessensprachspiel systematisch an Grenzen stoesst. Mit dem Rueckgriff auf die jenseits der Unternehmensethik diskutierten identitaetstheoretischen Konzeptionen werden derartige Phaenomene besser begreifbar gemacht. In einem dritten Schritt kommt es zu einer Darstellung der von Wieland entwickelten Governanceethik, die sich in ihrer Interpretation von unternehmerischen Bezugsgruppen an dem von Freeman und anderen entwickelten Stakeholderkonzept orientiert. In diesem Zusammenhang werden einige Konsequenzen aufgezeigt, welche durch die Einfuehrung von identitaetstheoretischen Konzeptionen in die unternehmensethische Debatte speziell fuer den Ansatz der Governanceethik entstehen: Kooperation und Identitaet, Dialog und Identitaet, Konsens und Identitaet. Dabei geht es aber nicht darum, selbst theorie-immanente Erweiterungen zu entwickeln, sondern lediglich darum, verschiedene Argumente zu skizzieren, die einer solchen Erweiterung als Ausgangspunkt dienen koennten. Angesichts der wachsenden Pluralisierung unternehmerischer Handlungskontexte und des wachsenden Risikos der Unvermittelbarkeit von Wertkonflikten muss sich die Governanceethik mit der Frage auseinandersetzen, wie sie Dissens beherrschbar machen will. Die von J. Wieland skizzierte Idee des 'Globalen Wertekreises' (Differenzierung in inkompatible, kompatible und komplementaere moralische Werte) scheint ein sinnvoller Ausgangspunkt fuer das Management von Dissens zu sein. Sie muss nach Ansicht des Verfassers daher eine zentrale Rolle in dem Versuch einnehmen, die Governanceethik an die aktuellen Debatten um Identitaet in der Managementtheorie anschlussfaehig zu machen. (ICG2)