Grand corruption is a serious issue throughout the world which has led to the development of many different laws. The United Nations defines grand corruption as "corruption that pervades the highest levels of a national Government, leading to a broad erosion of confidence in good governance, the rule of law and economic stability ("United Nations Convention against Corruption")." Grand corruption is such a concerning issue because of the costs associated with this deceptive activity. Eliminating grand corruption has become a major quest of NGOs such as the UN. According to an article entitled "The Global Programme against Corruption" published by the UN, efforts to raise awareness about corruption have been made since 1994. The report explains that corruption has an insidious nature and can have devastating impacts on entire countries and their citizens. The report asserts that "Corruption not only distorts economic decision-making, it also deters investment, undermines competitiveness and, ultimately, weakens economic growth. Indeed, there is evidence that the social, legal, political and economic aspects of development are all linked, and that corruption in any one sector impedes development in them all ("The Global Programme against Corruption")."
The report also explains that both the public and private sector have begun to recognize the serious problems that arise as a result of corruption ("The Global Programme against Corruption"). The consequences of corruption include the inability to govern effectively and adverse effects on economic stability and growth. As such, there must be national and international legislation and policies designed to decrease the amount of corruption that occurs. In many nations throughout the world legislation addressing such corruption appears to be in their early development. Additionally, accurate evaluations about the type and extent of domestic and transnational corruption are difficult to acquire ("The Global Programme against Corruption").
The purpose of this discussion is to determine and evaluate the role of the United Nations, governments and other organizations in combating the problem of grand corruption throughout the world. More specifically, the investigation will focus on United Nations convention Against Corruption (UNAC).The research will also focus on the role of the African Charter, international courts and the World Bank play in curbing corruption. The research will illustrate why grand corruption is so detrimental to nations around the world.
How adequate is the United Nations convention against corruption equipped to provide effective punishment for grand corruption?
The United Nations has attempted to decrease the level of grand corruption throughout the world using several different tactics. This tactics include the development of a code of conduct, the creation of specialized anti-corruption agencies, and the strengthening of governments and judicial institutions throughout the world. In addition the United Nations convention Against Corruption (UNAC) was developed in 2000 with resolution 55/61. The reason for the development of this convention came when the General Assembly recognized the need for "an effective international legal instrument against corruption, independent of the United Nations Convention against Transnational Organized Crime…decided to establish an ad hoc committee for the negotiation of such an instrument in Vienna at the headquarters of the United Nations Office on Drugs and Crime ("United Nations Convention against Corruption")."
However, there is still a great deal of corruption throughout the world. As such questions as to whether the policies of the UN are adequate and provide effective punishment are difficult to answer. On the one hand there has been some progress made in certain countries and as it relates to certain types of corruption.
On the other hand the amount of grand corruption in other countries or regions of the world have increased. The primary difficulty associated with convention involves the way that it was drafted and the ability of the UN to enforce certain standards that the convention was intended to address. Argandona (2007) explains that the convention is a rather limited instrument as a result of the way it was drafted because it gives priority to both economic and political interests as opposed to human interests. One of the most problematic aspects of the way that the convention was drafted is that it does not obligate the signatory countries to make certain actions punishable by law. For instance acts such as trading in influence, bribery of a foreign official, illicit enrichment or abuse of public functions are not criminal activities in many of the signatory countries.
There are a number of provisions contain vague language such as "shall consider adopting, and may adopt as it pertains to certain codes of conduct. In addition many...
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