Magister Legum - LLM

Magister Legum - LLM / This paper seeks to examine the relationship between foreign aid and corruption in Zambia. Drawing from the analysis of the two, it then explores whether the existing legal instruments are adequate and effective to combat corruption in the aid context.

Magister Legum - LLM / Corruption is rampant in Tanzania. It is one of the major obstacles to the economic growth and sustainability of the country. The country loses a huge amount of money through corrupt practices. It is estimated that 20% of the national budget is lost to corruption annually. In recent years, Tanzania experienced grand corruption scandals which involved senior public officials and high political leaders. Between 2005 and 2006, 22 companies stole 133 billion Tanzanian shillings, the equivalent of$96 million, from the External Payment Arrears Account facility at the Central Bank of Tanzania. The discovery of this theft led to the investigation and prosecution of a number of perpetrators, including big businessmen and senior officers of the Central Bank of Tanzania. However, hitherto no assets have been traced and recovered from the offenders, save a handful of money which was paid back by a few perpetrators on condition that they would not be prosecuted. Furthermore, in 2008 a government minister by the name of Andrew Chenge was forced to resign after he allegedly was implicated in taking a bribe of $1 million from the British company, BAE Systems, in relation to a $40 million radar deal. Sources disclosed that Chenge deposited the alleged bribe money in one of his offshore accounts, but this money has not been recovered by the state. In response to the corruption problem, Tanzania enacted various anti-corruption laws. These laws include the Anti-Money Laundering Act (2006), the Prevention and Combating of Corruption Act (2007), the Proceeds of Crime Act (1991) and the National Prosecutions Service Act (2007). These laws contain provisions for the confiscation of proceeds of crime as one means of combating economic crimes. However, grand corruption persists in the country and only a few stolen assets have been confiscated to date. It is on this account that this study is exploring confiscation procedures in Tanzania.

Magister Legum - LLM / This paper attempts a comprehensive analysis of the offence of illicit enrichment in Zambia. It focuses on how the offence fits into the broader legislative framework in Zambia. More importantly, the paper addresses aspects of the offence related to the presumption ofinnocence, the protection against self-incrimination and the presumption of legality in the light of the Zambian Constitution to determine whether the concerns raised are legitimate. Also, considering the potential effectiveness of criminalising illicit enrichment by public officials, this study investigates whether the law in Zambia can be implemented to balance the constitutional rights of the accused and the right of society to recover illicitly obtained wealth. Finally, the research seeks to determine the possible challenges of implementing and prosecuting the offence, and its efficacy in the fight against corruption in Zambia.

Magister Legum - LLM / This research paper will examine whether the ICC should de lege ferenda be accorded jurisdiction in respect of the crime of corruption. Through this approach, the paper will contribute to the existing literature on corruption that argues in favour of an elevation of corruption to a crime under international law and, in addition, will proffer a specialised mechanism for addressing the problem.

Magister Legum - LLM / Corrupt practices such as bribery and other abuses of public functions for private gain have been criminalised in almost all legal systems. Criminalisation of acts of corruption constitutes one of the major dimensions of the international anti-corruption instruments. The clandestine nature of corruption crimes creates difficulties in gathering evidence for prosecution and effective implementation of the law. To overcome such problems, some indicators of corruption such as possession of property that far exceeds legitimate sources of income need to be criminalised. It is also imperative to deal with the challenges associated with such criminalisation. This paper tries to analyse the challenges related to due process of law in the investigation and prosecution of illicit enrichment. Further, complexities associated with the process of recovering illicitly acquired assets, such as resources and expertise, as well as effective co-operation among various jurisdictions, need to be explored. Special consideration will be given to the criminalisation of illicit enrichment and its prosecution in the Ethiopian anti-corruption legal framework.

Magister Legum - LLM / Political lobbying is a recent and widespread phenomenon that arises in countries where many big and economically important companies are located. It is a relatively new phenomenon and the term 'lobbying' has featured in political science literature only since the 1990s.¹ Lobbying groups are ubiquitous and are located in the centres of competence where political decision-making takes place.² One can distinguish two main aims of lobbying: lobbying for a government contract (Beschaffungslobbyismus) and lobbying with regard to laws (Gesetzeslobbyismus).³ The focus of this paper is on the latter. It is concerned to analyse how lobbyists influence the lawmaking process and what the consequences are for society. Lobbying is the influence on decision makers and decision-making processes through the provision of information.⁴ Politicians need information to contribute to ministerial or 1 parliamentary discussions and for their decisions in elections and votes. They often do not have the capacity to collect enough information. That is when the lobbying groups become important. They provide the politicians with information needed and thus ensure that their point of view ends up in the draft law and later in the law.⁵ There is also lobbying in the private sector. Representatives of the pharmaceutical industry, for instance, try to influence doctors by giving them free specimens and computer programmes, paying for education workshops and other benefits with the aim that the doctors prescribe the products of the pharmaceutical companies.⁶ To analyse this aspect of lobbying as well would exceed the scope of this paper and will not be attempted. An interesting aspect is that lobbying has become more integrated and international. Lobbyists do not work exclusively in their countries of origin. In the EU it is as important to lobby decision makers in the European institutions as to lobby them in the national institutions because a significant part of politics is decided now in Brussels.⁷ Furthermore, lobbyists from different countries meet to harmonise their lobbying strategies. In Brussels, for example, American and German lobbyists meet regarding restrictive export rules into the US and the EU. The American Chamber of Commerce (AMCHAM) is an American interest group that works in Brussels to ensure the effective representation of US businesses in Europe.⁸ Nevertheless, the national level remains important for lobbyists. The policy of the EU relies always on national policy and through the Council of Ministers - as the most powerful part of the EU - national interests are represented strongly in Brussels. Directives, moreover, have to be implemented on a national level. One can see that national lobbying is also an important tool to influence European policy.⁹ The scope of this paper, however, is to shed light on lobbying activities in the Federal Republic of Germany. Therefore, lobbying in the EU will play a lesser role.

This thesis examines corruption in economic terms and in terms of social impact on Russian society. This is a very serious problem for the Russian economy - corruption here reaches epic proportions. The main goal of this thesis is to develop effective proposals for fighting against corruption in Russia. The central hypothesis is the following assertion: the main reason of corruption existence in Russia are unsuccessful Nikita Khrushchev's reforms in state management. The paper is based on a literature review, correlation analysis, forecasting and comparison. The thesis is based on previous analysis of the development of corruption in the country, the current situation and also on the experience from other countries. These analyses are used for making suggestions for the removal of the negative state.

This thesis provides both theoretical and empirical evidence to identify why the effect of human capital on economic growth differs across countries. Chapter 1 provides a theoretical explanation of the weak effects of human capital on economic growth in a dynamic general equilibrium model of corruption and growth where the bureaucrats acts as the agents of government to administer public policy. Corruption in this model arises from the incentive of the bureaucrat to appropriate (steal) public resources, thereby reducing the provision of public services. The decision of the corruptible bureaucrat affects public finances and hence the capital accumulation in the economy. Education has two opposing effects, a positive productivity enhancing effect and a negative bureaucratic stealing efficiency of corrupt bureaucrats. If the latter dominates the former the net effect may result in an insignificant (or even negative) effect of human capital on growth. The second chapter explains empirically why previous studies do not find link between human capital and economic growth, again looking at the role of corruption. In this chapter, we provide cross sectional evidence on this issue by explicitly introducing the role of corruption together its interaction with human capital. The empirical analysis first revisits the Rogers (2008) study, where he uses an arbitrary level of corruption to divide the full sample of countries into subsamples of high and low corruption countries and concludes that human capital matters only in low corruption countries. However, using a range of corruption data and sample periods, our results do not confirm his findings. Our preferred specification allows the effects of human capital to be conditional on the level of corruption, which is implemented through the inclusion of both a corruption measure and its interaction with human capital. Although we generally find the expected positive sign on human capital and a negative sign on the interaction term, these often lack in significance. We repeat the analysis using instrumental variable estimation and find a similar pattern of results, and hence conclude that cross sectional evidence is uninformative for empirical analysis of the role of human capital in economic growth. In the third chapter, we employ panel data analysis to investigate the relationship between human capital and economic growth by considering an exhaustive range of institutional measures, along with corruption. These various institutional measures are used to capture different aspects of institutions on the impact of human capital on economic growth. Our growth regressions include the interaction of institution and human capital, in addition to the direct effect of institution and human capital. The coefficient on interaction term can be interpreted as showing whether human capital and institutions appear to be compliments or substitutes for their impact on growth. Our results generally show positive and significant coefficients on human capital and institutions, with a negative coefficient on the interaction term. The results suggest that, for policy purposes, the government needs to carefully identify the level of human capital to be pursued in relation to the quality of institutions.

El presente trabajo titulado análisis de la obligatoriedad del arbitraje en las contrataciones del Estado, se realizó con la finalidad de indagar acerca de la problemática que genera la obligatoriedad de la figura del arbitraje en las contrataciones públicas, planteando una reforma a la cláusula de solución de controversias y por ende la Ley de Contrataciones del Estado, otorgando otras alternativas a las partes, para la solución de las controversias y no solo limitarla al arbitraje, para ello se contó con la revisión bibliográfica de documentos legales; arribando a la conclusión, que el arbitraje y la corrupción se han relacionado de distintas formas, disputas derivadas de contratos obtenidos mediante corrupción, disputas derivadas de contratos para llevar a cabo prácticas corruptas, y disputas llevadas en un arbitraje corrupto. En ese sentido, se presenta como propuesta la creación de una reforma legal en virtud a modificar el carácter ‘obligatorio’ de la cláusula arbitral, eliminándola, en las contrataciones públicas. / The present work entitled analysis the mandatory of arbitration in contracting with the state, was carried out with the resolution to inquire about the problem generated by the obligatory nature of the arbitration figure in public procurement, proposing a reform to the dispute resolution clause and therefore, the State Contracting Law, granting other alternatives to the parties for the solution of the disputes and not only limits it to arbitration, for this there was a literature review of legal documents, reaching the conclusion that, arbitration and Corruption has been related in different ways, disputes arising from contracts affected by corruption, disputes arising from contracts to carry out corrupt practices, and disputes conducted in corrupt arbitration. Likewise, the creation of a legal reform was presented as a proposal by virtue of modifying the ‘mandatory’ character of the arbitration clause by eliminating it, in public procurement. / Trabajo de investigación