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Anthony Wenton

Biography Anthony Ellington Wenton is a Researcher at the Bingham Centre for the Rule of Law. His research interests cover a wide range of areas within public international law, particularly international human rights law and transitional justice. Prior to joining the Bingham Centre, Anthony worked as Judicial Assistant to Dr Ganna Yudkivska (Judge elected in respect of Ukraine and Section President) at the European Court of Human Rights in Strasbourg. Anthony has also worked as a Blue Book…

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Mat Tromme

Biography Mat Tromme joined the Bingham Centre in April 2015 to lead the Centre's Sustainable Development and the Rule of Law Programme. His areas of expertise and work covers asset recovery & return, grand corruption, as well as the Sustainable Development Goals (SDGs).  As such, Mat regularly blogs about asset recovery and corruption. He is based in Brussels, where he is responsibe for raising the Bingham Centre's profile and engaging with various relevant stakeholders. In that…

SUSTAINABLE DEVELOPMENT

Mercosur's New Framework Agreement Is an Asset Recovery Landmark, But Significant Flaws Remain

This comment piece was first published in the Global Anti-Corruption Blog (GAB) - see here . In asset recovery, international collaboration is key. In December 2018, four Mercosur countries—Argentina, Brazil, Paraguay, and Uruguay—adopted  a new kind of landmark framework agreement  to collaborate in investigations and sharing of forfeited assets resulting from transnational organized crime, corruption, and illicit drug trafficking. The agreement's provisions on law enforcement…

SUSTAINABLE DEVELOPMENT

Accountable Asset Return and the Rule of Law

Various sources and figures are often provided to show the scale of assets plundered by kleptocratcs and hidden overseas. The World Bank estimates that around US$ 8 billion in stolen funds have been frozen, adjudicated, or returned to affected countries since the early 1980s. One of the more pressing issue concerns the return of these stolen assets and the possibility that these repatriated funds be used to foster socio-economic development. Against this backdrop, the Sustainable Development…

SUSTAINABLE DEVELOPMENT

France’s New Asset Recovery Bill Is an Important Step Toward Achieving Victim Compensation

This comment piece was first published in the Global Anti-Corruption Blog (GAB) - see here. Where asset recovery is concerned, France is probably best known for the conviction of Teodorin Obiang—the Vice President of Equatorial Guinea and son of the President—for money laundering (the first time that a French court has convicted a serving senior official of a foreign government), which resulted in the court ordering the forfeiture of some of Obiang's assets, worth around USD 150 million.…

SUSTAINABLE DEVELOPMENT

Can Non-Conviction based (NCB) asset forfeiture be compliant with the Rule of Law? (Briefing Paper)

Non Conviction-based (NCB) asset forfeiture (also called 'civil forfeiture') is a powerful tool at the disposal of governments to tacle the proceeds and instrumentalities of crime. While NCB provides some advantages compared to criminal forfeiture, it has also been severely criticised because it undermines key constitutional protections and human rights. Project Report This short briefing paper summarises the research findings from research published here. The project reviews how 'developing…

SUSTAINABLE DEVELOPMENT

Non Conviction Based Forfeiture and the Rule of Law

Non Conviction-Based (civil) asset forfeiture mechanisms (NCB) is tool that some states have put in place to tack;e the proceeds and instrumentalities of crime. While Article 54(1)(c) of the United Nations Convention Against Corruptin (UNCAC) encourages member states to allow confiscation without criminal conviction, NCB  attracts considerable criticism as it arguably clashes with human rights and due process protections. This project, which ran from 2018 to early 2019, explored…

SUSTAINABLE DEVELOPMENT

Waging War Against Corruption in Developing Countries: How Asset Recovery Can be Compliant with the Rule of Law

It is often said that criminals hardly ever mind financial penalties if they get caught, but on the other hand, they fear losing tangible assets. This is the underlying rationale for asset forfeiture approaches: forfeiting property can be a powerful detractor for crime and corruption. Assume that John was running a gambling operation or cooking drugs in a room he rented from a house belonging to a retired couple. This case naturally raises a lot of questions (e.g. should the whole house…

SUSTAINABLE DEVELOPMENT

Conference Summary - The role of the private sector in fostering peace, justice, and strong institutions

Overview On Tuesday 2nd of May, the Bingham Centre for the Rule of Law, with the support of Jones Day, organised a conference on the role of the private sector in fostering peace, justice and strong institutions, as enshrined in Sustainable Development Goal (SDG) 16. Set at Jones Day in London, this conference considered various questions arising from the intersection of business and SDG 16, including how the business community should engage to advance SDG 16's themes of peace, justice and…

SUSTAINABLE DEVELOPMENT

Corruption Risks at the Local Level in the EU and EU Periphery Countries

Most governance and decentralization reforms tend to prioritise transfers of powers from the central to local governments(LGs). This has resulted in greater decision-making, administrative functions and oversight, including concerning the delivery of public services, taxationor other socio-economic policies. There is growing interest and evidence on whether and how corruption impacts decentralisation (as opposed tocentralised systems). Building on the existingliterature…

SUSTAINABLE DEVELOPMENT

Business and the Rule of Law

Research and survey data shows the importance of the Rule of Law for businesses, for whom issues such as legality, transparency and access to justice are vital principles to reduce the cost of doing business and mitigate risks. On the other hand, some business practices can also undermine the Rule of Law. The Bingham Centre's business and sustainable development programmes have jointly implemented a number of projects and organised several events which seek to better understand the…

SUSTAINABLE DEVELOPMENT

Brazil Must Fight Corruption, But Preserve the Rule of Law

This comment piece was first published in the Global Anti-Corruption Blog (GAB) - see here . Accross Latin America, the past year has provided reasons for hope that the struggle against grand corruption and impunity is finally making progress. Prosecutors have gone after corrupt elites in Guatemala and Honduras, while political leaders in Mexico and Chile have also been under pressure for their links to corruption scandals. And in Brazil, the investigations into the corruption scandal…

SUSTAINABLE DEVELOPMENT
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