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On The Implementation Of The "United Nations Convention Against Corruption," The

Posted on:2014-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:X X LiFull Text:PDF
GTID:2266330392962514Subject:Public international law
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Corruption is an old problem, yet the difficulty faced by the whole world now. With therapid development of world economy and the constant promotion of world integrationprocess, the scope involved by corruption has stretched out of domestic region. Theinternational cooperation on solving corruption problem has become an inevitable choice, andthe irreversible trend of the times.The United Nations Convention against Corruption (UNCAC) passed on the58thUnitedNations General Assembly held in2003is the result of dozens of years of efforts made by theinternational society. It has laid solid legal foundation for anti-corruption internationalcooperation career, and become the most complete and impeccable anti-corruptioninternational cooperation mechanism. However, there still exist many problems andshortcomings in current anti-corruption international cooperation mechanism, and we stillhave a long way to go. Therefore, we need to review the development and practice of anti-corruption international cooperation, and to seek for the development direction of anti-corruption international cooperation in the future.Firstly, the formulation and the main content of UNCAC are discussed in this paper,including the introduction to the development process of anti-corruption internationalcooperation, the discussion on the significance of UNCAC, and the summary and analysis onthe main content of UNCAC. Secondly, the situations of the performance and implementationof UNCAC in all states are learnt through the comparison and analysis on the practice ofUNCAC by Korea and China. Thirdly, the criticalness view of anti-corruption internationalnormalization is learnt, and the introspection is conducted on several problems in the practiceof current anti-corruption international cooperation through analysis. And finally, conclusionsare obtained by combining the results of current anti-corruption international cooperationmechanism and the valuable criticalness view together, and then some suggestion are putforward.UNCAC is a great achievement not only in anti-corruption international cooperation field,but also in international law field. It breaks the bounds of international laws to a certainextent. The performance and implementation of UNCAC have certain differences based onthe situations of all contracting states. For instance, the differences in political system, legal system and social and corruption situations between Korea and China lead to their differentperformance attitude on UNCAC.Although UNCAC has achieved a lot of accomplishments, there are a lot of opposedopinions in anti-corruption international cooperation field. Opposers propose that anti-corruption international cooperation can not become the mean for safeguarding westerndeveloped countries to lead the world order, but should fully reflect the standpoints ofdeveloping countries. Anti-corruption international cooperation still faces with manyproblems and challenges, such as the differences in politics and legal systems of differentnations, conflicts of national interests and the tendency of western developed countries underanti-corruption international cooperation and etc. In order to breakthrough the limitation ofanti-corruption international cooperation, UNCAC’s anti-corruption international cooperationmechanism should be constantly improved. So far, UNCAC promoted the development andimprovement of the domestic laws of all nations. However, the development achievements ofdomestic laws should continue to be reflected into UNCAC. Only with this kind ofinteraction can UNCAC mechanism be given with vitality, and can guarantee the sustainabledevelopment of anti-corruption international cooperation and its practice. In addition, weneed to improve the method for evaluating the corruptive situations of all nations, to activelypromote the construction and development of non-governmental organizations for anti-corruption in developing countries, and to enhance regional anti-corruption cooperation.For the health and sustainable development of anti-corruption international cooperation,developed countries must fully understand the situations of developing countries, and activelyhelp them to do a great job on anti-corruption. Developing countries should also maintainactive attitude on anti-corruption problems and actively learn the anti-corruption experiencefrom developed countries and assist anti-corruption international cooperation. Thedevelopment of anti-corruption international cooperation will undoubtedly benefit thedevelopment of international society and the co-prosperity of human being.
Keywords/Search Tags:Anti-corruption, international cooperation, UNCAC (United NationsConvention against Corruption)
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