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International Anti-Corruption NormsTheir Creation and Influence on Domestic Legal Systems$
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Cecily Rose

Print publication date: 2015

Print ISBN-13: 9780198737216

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198737216.001.0001

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The Limitations of the United Nations Convention against Corruption

The Limitations of the United Nations Convention against Corruption

Chapter:
(p.97) 3 The Limitations of the United Nations Convention against Corruption
Source:
International Anti-Corruption Norms
Author(s):

Cecily Rose

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198737216.003.0004

This chapter discusses the 2003 United Nations Convention against Corruption, which is the most comprehensive and universal of the anti-corruption instruments. Despite its binding status as a multilateral treaty, UNCAC has a limited capacity to influence the domestic legal systems of its States Parties because of its inclusion of a large number of non-mandatory criminalization provisions, and otherwise vague and imprecise norms. These weak provisions are ‘trapped’ in a binding multilateral treaty that has little capacity to evolve, and is therefore less effective than the other anti-corruption instruments studied in this book. In addition, States Parties may decide not to implement many of the Convention’s provisions because they contain qualified and non-mandatory language. The prevalence of non-mandatory criminalization provisions has the potential to impede domestic enforcement of the Convention by weakening the provisions on international cooperation, in particular extradition and mutual legal assistance.

Keywords:   United Nations Convention against Corruption, Implementation Review Mechanism, non-mandatory criminalization provision, extradition, mutual legal assistance, social damages

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