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Corruption and Anti-Corruption PDF

286 Pages·2013·30.84 MB·English
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l' ! Corruption and Anti-Corru ption Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at http://epress.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Title: Corruption and anti-corruption / Peter Larmour and Nick Wolanin (editors). ISBN: 9781922144768 (pbk.) 9781922144775 (ebook) Notes: Includes bibliographical references and index. Subjects: Political corruption--Economic aspects. Political corruption--Prevention. Other Authors/Contributors: Larmour, Peter. Wolanin, Nick, 1962- Dewey Number: 364.1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. vi Tables 6.1 Income tax returns for Marcos family, 1966-85 102 10.1 Annual demand (Rs. Crores) 166 Figures 2.1 Finding out about corrupt conduct 16 4.1 Code of ethics compliance mechanism 77 5.1 Ethical culture 94 7.1 Corruption equilibrium with many sellers 123 7.2 Firm i's price-bribe combination for T = 5, q = 10 and = 0.7 125 (X' 7.3 Official's price-bribe combination for T = 5, q = 10 and = 0.7 126 (X' 7.4 Equilibrium price-bribe combinations when firm i offers the highest net gain to the official and T = 5, q = 10 and = 0.7 137 (X' 11.1 The pillars of integrity 179 11.2 Matrix of anti-corruption measures 180 11.3 Senators' backgrounds by occupation 184 11.4 Senators' possible relationships with political parties 185 Box 3.1 Maastricht Guidelines on violations of economic, social and cultural rights 49 vii Abbreviations AFP Australian Federal Police ASEAN Association of Southeast Asian Nations ATM automatic teller machine AV Annual Valuation BPI bribe payers index CC Constitutional Court CCMC Counter Corruption and Malfeasance Commission CCN corruption, crony capitalism and nepotism CDA Constitutional Drafting Assembly CESCR Committee on Economic, Social and Cultural Rights CIA Central Intelligence Agency qc Criminal Justice Commission CPI corruption prevention index DPRK Democratic People's Republic of Korea DTI Direct Trader Input EDI Electronic Data Interchange EFTPOS electronic funds transfer at point of sale EU European Union IBRD International Bank for Reconstruction and Development ICAC Independent Commission Against Corruption ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights IMAC International Mutual Assistance in Criminal Matters IMF International Monetary Fund INTERPOL International Criminal Police Organisation IOC International Olympic Committee IT information technology LAPD Los Angeles Police Department MP Member of Parliament MRP Moral Recovery Program viii NCCC National Counter-Corruption Commission NGO non-governmental organisation NHRC National Human Rights Commission NPKC National Peacekeeping Council NSW New South Wales OAS Organisation of American States OECD Organisation for Economic Cooperation and Development OLRS Online Release System PCGG Presidential Commission for Good Government PEAC Public Ethics and Accountability Committee PIN personal identification number RICO Racketeering Influenced Corrupt Organization SEZ special economic zone TI Transparency International UDHR Universal Declaration of Human Rights UN United Nations UNDP United Nations Development Programme UNDCP United Nations Drug Control Programme UNGA United Nations General Assembly VAT value-added tax WTO World Trade Organization Ix Contributors Borwornsak Uwanno is Secretary General of King Prajadhipok's Institute, Professor of Laws, Faculty of Law Chulalongkorn University, former secretary and rapporteur of the Drafting and Scrutiny Committee of the present Constitution, the Constitutional Drafting Assembly. Zoe Pearson is a doctoral student at the Faculty of Law, The Australian National University. Flavio M. Menezes is Senior Lecturer at the Department of Economics, Faculty .o f Economics and Commerce at The Australian National University. John McFarlane is Special Adviser with the Office of the Deputy Commissioner, Australian Federal Police and AFP Visiting Fellow at the Australian Defence Studies Centre, Australian Defence Force Academy. Peter Larmour is Director of Graduate Studies in Development Administration at the National Centre for Development Studies, The Australian National University. Peter Grabosky is Director of Research at The Australian Institute of Criminology. Angela Gorta is Research Manager at the NSW Independent Commission Against Corruption. Previously she was Chief Research Officer with the NSW Department of Corrective Services and lectured in psychology at Macquarie University. David A. Chaikin is chairman of Cyberbrief Consultants. He is international adviser to a number ofg overnments and financial institutions, and more recently has acted as a special legal adviser to the Anti-Graft League of the Philippines in relation to the recovery of the illicit assets of former Philippines President Ferdinand E Marcos. He is a former Senior Assistant Secretary in the Australian Federal Attorney-General's Department and former Senior Fraud Officer of the London-based diplomatic body, the Commonwealth Secretariat. x Corruption and Anti-corruption Andrew Brien is a Senior Research Officer in the Department of the House of Representatives, in the Parliament of the Commonwealth of Australia. He has held academic positions in New Zealand and Australia, where he lectured in social and political philosophy, ethical theory, as well as business, professional and applied ethics. Barry Hindess is Professor in the Political Science Program, Research School of Social Sciences at The Australian National University. Vicki Klum is a Senior Corruption Prevention Officer at the NSW Independent Commission Against Corruption. Previously she worked in a wide range of management, policy development, regulation and consumer protection roles within the NSW public sector. Catherine Boardman is a Senior Corruption Prevention Officer at the NSW Independent Commission Against Corruption. Previously she worked in the Federal and NSW State public sectors in the fields ofT erritories Administration, regulatory law enforcement, management, consumer protection, public funding programs and policy development. John Warburton is a Senior Investigator at the NSW Independent Commission Against Corruption. Previously he was a Detective with the Australian Federal Police working in the fields of fraud and organised crime. He is currently a part-time doctoral student at the Faculty of Economics, University of Sydney. Nick Wolanin is Principal Corruption Prevention Officer at the NSW Independent Commission Against Corruption. Previously he was a research scientist at BHP Steel International before serving with the Australian Federal Police as a fraud and white collar crime detective. Guillermo Parayno Jr is former Commissioner of the Philippines Customs Service. Asim Barman is the Municipal Commissioner for Calcutta.

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There is new international attention being given to the old problem of corruption. It has been taken up by international organisations, and driven by economic analysis. It is impatient of cultural justifications, and suspicious of state action. It is concerned with corruption prevention as much as d
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