Monday, December 23, 2013

The Fight Against Corruption, UN Global Compact, United Nations Convention Against Corruption (UNCAC)



UN Global Compact, The Fight Against Corruption UN Secretary-General Mr. Ban Ki-moon
UN Global Compact, The Ten Principles

Corruption is now recognized to be one of the world's greatest challenges. It is a major hindrance to sustainable development, with a disproportionate impact on poor communities and is corrosive on the very fabric of society. The impact on the private sector is also considerable - it impedes economic growth, distorts competition and represents serious legal and reputational risks. Corruption is also very costly for business, with the extra financial burden estimated to add 10% or more to the costs of doing business in many parts of the world. The World Bank has stated that "bribery has become a $1 trillion industry." Start the Certificate Course



United Nations Convention against Corruption (UNCAC)

Corruption is a complex social, political and economic phenomenon that affects all countries. The United Nations Convention against Corruption (UNCAC) is the only legally binding universal anti-corruption instrument. Signed by the United States December 9, 2003 and ratified October 30, 2006: Entry into force. Reservations and Declarations of the United States.

Article 6. Preventive anti-corruption body or bodies. 1. Each State Party shall, in accordance with the fundamental principles of its legal system, ensure the existence of a body or bodies, as appropriate, that prevent corruption by such means as:

(a) Implementing the policies referred to in article 5 of this Convention and, where appropriate, overseeing and coordinating the implementation of those policies;
(b) Increasing and disseminating knowledge about the prevention of corruption.

2. Each State Party shall grant the body or bodies referred to in paragraph 1 of this article the necessary independence, in accordance with the fundamental principles of its legal system, to enable the body or bodies to carry out its or their functions effectively and free from any undue influence. The necessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions, should be provided.

3. Each State Party shall inform the Secretary-General of the United Nations of the name and address of the authority or authorities that may assist other States Parties in developing and implementing specific measures for the prevention of corruption.

United Nations Convention Against Corruption, Wikipedia
UN Convention Against Corruption, English PDF
United Nations Convention Against Corruption, Entry into Force
The U.N. Global Compact site anti-corruption resources
UNODC's Action against Corruption and Economic Crime

Constitutional Provision, Treaties of the United States, U.S. Senate website

Article VI, Clause 2 of the U.S. Constitution, the Supremacy Clause, which explicitly states that a ratified treaty is the Supreme Law of the land and all state law provisions which conflict with the treaty are overridden by the treaty.

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding."

Article VI, Clause 2 of the U.S. Constitution, U.S. Senate website
Article VI of the U.S. Constitution, annotated, Cornell Legal Information Institute
Article Six of the United States Constitution, Wikipedia
Supremacy Clause, Wikipedia

CRS Annotated Constitution - U.S. Constitution Annotated, Law Legal Information Institute

The 2013 Centennial Edition of the Constitution Annotated, Congeress.gov

The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated) contains legal analysis and interpretation of the United States Constitution, based primarily on Supreme Court case law. This regularly updated resource is especially useful when researching the constitutional implications of a specific issue or topic. The Featured Topics and Cases page highlights recent U.S. Supreme Court decisions that demonstrate pivotal interpretations of the Constitution's provisions.

The Constitution comprises the primary law of the United States. It describes the three chief branches of the Federal Government and their jurisdictions, and lays out the basic rights of the country's citizens. The world's longest surviving government charter, the Constitution was framed in May 1787 by a convention of delegates from twelve of the thirteen original states in Philadelphia.

The Constitution Annotated provides a clause-by-clause explanation of this landmark document, with references to nearly 8,000 Supreme Court cases. Constitutional law experts from the Congressional Research Service author the treatise and the Government Printing Office publishes the editions and supplements.

The 2013 Centennial Edition of the Constitution Annotated
The centennial edition of the treatise was published by the Government Printing Office (GPO) in 2013, along with a web version. Publications were formerly limited to hard-bound decennial editions and separate soft-cover biannual supplements, but the online resource allows for the publication of up-to-date PDF versions of the treatise throughout each Supreme Court term. Both full-text searches and browsing by subject or case are available through the GPO FDsys website.

United States Constitution, Library of Congress
Texts, Commentaries, Historical Texts and Judicial Decisions

US Constitution Annotated 2002, Government Printing Office
S. Doc. 108-17 - Constitution of the United States of America: Analysis, and Interpretation
S. Doc. 108-17 - The Constitution of the United States of America (With Analysis)

The Constitution of the United States: A Transcription

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