
Contents
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I. Introduction I. Introduction
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II. An Introduction to the United Nations Convention against Corruption II. An Introduction to the United Nations Convention against Corruption
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A. The negotiation and conclusion of UNCAC A. The negotiation and conclusion of UNCAC
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B. The content of UNCAC B. The content of UNCAC
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C. UNCAC’s review mechanism C. UNCAC’s review mechanism
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III. UNCAC’s Non-Mandatory, Qualified, and Vague Provisions III. UNCAC’s Non-Mandatory, Qualified, and Vague Provisions
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A. UNCAC’s use of mandatory and non-mandatory provisions A. UNCAC’s use of mandatory and non-mandatory provisions
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1. Mandatory provisions with a parallel in UNCTOC 1. Mandatory provisions with a parallel in UNCTOC
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2. Non-mandatory provisions with no parallel in UNCTOC 2. Non-mandatory provisions with no parallel in UNCTOC
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B. UNCAC’s use of qualified provisions B. UNCAC’s use of qualified provisions
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C. UNCAC’s use of vague provisions C. UNCAC’s use of vague provisions
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IV. The Horizontal Implications of UNCAC’s Non-Mandatory and Vague Provisions IV. The Horizontal Implications of UNCAC’s Non-Mandatory and Vague Provisions
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A. The evolution of UNCAC’s non-mandatory norms A. The evolution of UNCAC’s non-mandatory norms
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B. The development of UNCAC’s vague norms: Costa Rica and the concept of ‘social damages’ B. The development of UNCAC’s vague norms: Costa Rica and the concept of ‘social damages’
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V. The Vertical Implications of UNCAC’s Non-Mandatory and Qualified Provisions V. The Vertical Implications of UNCAC’s Non-Mandatory and Qualified Provisions
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A. States Parties may opt-out of implementation A. States Parties may opt-out of implementation
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B. States Parties may opt-out of international cooperation B. States Parties may opt-out of international cooperation
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VI. Conclusion VI. Conclusion
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3 The Limitations of the United Nations Convention against Corruption
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Published:August 2015
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Abstract
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.
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