Corruption And Good Governance

Why have so few countries managed to leave systematic corruption behind, while in many others modernization is still a mere façade? How do we escape the trap of corruption, to reach a governance system based on ethical universalism? In this unique book, Alina Mungiu-Pippidi and Michael Johnston lead a team of eminent researchers on an illuminating path towards deconstructing the few virtuous circles in contemporary governance. The book combines a solid theoretical framework with quantitative evidence and case studies from around the world. While extracting lessons to be learned from the success cases covered, Transitions to Good Governance avoids being prescriptive and successfully contributes to the understanding of virtuous circles in contemporary good governance.

A passionate examination of why international anti-corruption fails to deliver results and how we should understand and build good governance.

UN sales no.: E.98.III.B.3

This publication presents a framework for Commonwealth Principles on Promoting Good Governance and Combating Corruption. It was endorsed by Heads of Government at their Summit in Durban in 1999 as the basis for pursuing concerted strategies based on "zero tolerance" for all types of corruption at national and global levels. This publication includes the full report of the Expert Group. It examines the nature of corruption and its different dimensions as well as appropriate responses to the problems it poses. The book proposes actions at national and international levels which the Group sees as being necessary if countries are to successfully combat corruption and promote good governance.

Bringing together contributions on the nature of corruption in East and Southeast Asia, this edited volume examines the means of limiting and ultimately eliminating corruption at a national and international level. Taking a country by country approach the text explores: the concept of corruption, now and in the past recent experiences of Asian countries at the macro- and micro-levels practical local and international measures to constrain corruption. The volume outlines key principles of good governance and the policies and practices essential for their application. As such, it represents an extremely valuable contribution to our understanding of corruption and how to tackle the problem.

Corruption, Good Governance and Economic Development adopts a non-Eurocentric approach towards good governance issues in Asia and Africa on practical and theoretical levels. Edited by R N Ghosh and M A B Siddique, this volume features contributions from distinguished scholars and policy makers who examine whether there is any correlation between the level of corruption in a country and its rate of economic change. These chapters are the outcome of major papers that were presented in conferences on the topic of “Good Governance and Economic Development” presented in Australia and India in June and December 2009 respectively, and it is hoped that they will bridge the gap in the area of good governance from a non-Western perspective in existing development literature. Contents: Corruption, Crime and Economic Growth:Some Quantitative Measures of Corruption (R N Ghosh and M A B Siddique)Using the Release of Information as an Indicator of Government Transparency (Andrew Williams)Deliberative Democracy, Global Green Information System and Spirituality (Dora Marinova, Vladislav Todorov and Amzad Hossain)Selected Case Studies:Governance, Institutions and Corruption: Negative Sovereignty in Africa(Derek H Aldcroft)Corruption in Bangladesh: Review and Analysis (M A B Siddique)Restoring Sustainable Governance in Bangladesh (Amzad Hossain and Dora Marinova)Crime, Corruption and Economic Growth — A Study in Indian Perspective (Gautam M Chakrabarti)Comparative Crime and Corruption in Different Indian States in the Context of Economic Development (Surajit Kar Purkayastha)A Certain Uncertainty; Assessment of Court Decisions in Tackling Corruption in Indonesia (Rimawan Pradiptyo)Does Governance Reform in a Democratic Transition Country Reduce the Risk of Corruption? Evidence from Indonesia (Budi Setiyono)Conclusion and Policy Implications:Conclusion: Good Governance and Sustainable Development (M A B Siddique and R N Ghosh) Readership: Undergraduates and postgraduates focused on development studies; policymakers with an interest in development issues in Asia and non-governmental organizations. Key Features:The book contains a good deal of useful statistical informationSome of the papers are contributed by distinguished scholars based on evidenceVarious chapters make an in depth analysis of the relationships between corruption and developmentKeywords:Corruption;Good Governance;Transparency;India;Bangladesh;Indonesia;Africa

Multilateral and bilateral aid agencies now direct much of their East Asia activities to so-called ''governance'' reform. Almost every major development project in the region must now be justified in these terms and will usually involve an element of legal institutional reform, anti-corruption initiatives or strengthening of civil society - and often a mix of all of these. Most are, in fact, major exercises in social engineering. Aid agencies and major multilateral players like the IMF, the World Bank and the Asian Development Bank, are attempting not just to improve governance systems and combat corruption but, implicitly, to restructure entire national political systems and administrative structures. ''Conditionality'' puts real weight behind these projects. If successful, they could transform the face of East Asia. Defining ''governance'' and understanding ''corruption'' are therefore not minor issues of terminology. However, a great deal of optimism is required to believe that social engineering for good governance will succeed in either Indonesia or Vietnam within the foreseeable future. In Indonesia, there is neither the political will nor the mechanism to act, since the legal system is itself utterly corrupted. Better laws have been passed, but they fail in implementation. In Vietnam the problems are somewhat different, but the outcomes are similar. Corruption is widely recognised to be a major political, social and economic issue - even by the Party itself - but few cases are ever tried. The bureaucracy (including the legal system) and the party are so complicit that reform is impossible. These systemic problems point to the basic flaw in the good governance agenda and strategy. A politically powerful alliance of foreign and domestic interests is necessary. Foreign multilateral agencies, donors and NGOs are able to set the international policy agenda, but their domestic allies are politically weak. In the absence of rule of law, the basic institutions of these transitional societies remain largely as they were and there is, as yet, no viable alternative system in either Indonesia or Vietnam. The argument of this book is that more might be achieved sooner by much better understanding of political, legal, commercial and social dynamics in Indonesia and Vietnam, not as they are meant to be but as they are. Multilateral agencies, donors, NGOs, business firms and scholars on the one hand; and local politicians, bureaucrats, business people, lawyers, journalists, academics, and NGOs on the other hand have much usefully to discuss. Only out of that dialogue, a dialogue between the world as it is and the world of ideals, can steady progress be made. This book examines these problems initially in an abstract theoretical sense before testing the frameworks thus established through a series of case studies of Indonesia and Vietnam, two very different Asian states: one (Vietnam) still socialist but in difficult transition from command economy to a limited market structure; the other (Indonesia) embracing a market economy and an emerging democratic system; one with a Confucian legal and political tradition, the other not; one with a socialist, the other a civil law, legal system. The book is divided into three parts. The first, ''Frameworks'', establishes some theoretical approaches to the problem of corruption and governance (including a East European example). The second part looks at case studies from Indonesia; and the third part looks specifically at Vietnam. Relevant legislation and judicial decisions can be found in the table of cases and a detailed glossary and list of abbreviations will assist readers unfamiliar with the countries under examination.ABOUT THE CONTRIBUTORSIbrahim Assegaf is the Executive Director of the Centre for Indonesian Law and Policy Studies (Pusat Studi Hukum dam Kebijakan Indonesia) and the Managing Director of the Indonesian law website, http://www.hukumonline.com. He is also a member of the Steering Committee for the Establishment of the Anti-Corruption Commission and for the UNDP''s Partnership for Governance Reform. Paul Brietzke is a Professor at Valparaiso University Law School (USA) and from January 1999 to August 2000 was Legal Advisor at the then Ministry of Justice of Indonesia in Jakarta. Howard Dick is an Associate Professor in the Australian Centre for International Business, University of Melbourne, Australia. John Gillespie is Associate Professor in the Law School, Deakin University, Melbourne, Australia. Gary Goodpaster is Professor of Law Emeritus, University of California School of Law, Davis; and former Chief of Party, Partnership for Economic Growth, a joint economic policy development project of USAID and the Government of Indonesia. Leslie Holmes is a Professor of Political Science and Director of the Contemporary Europe Research Centre at the University of Melbourne, Australia. He is also the President of the International Council for Central and East European Studies. Kanishka Jayasuriya is Senior Research Fellow, South East Asia Research Centre, City University of Hong Kong Tim Lindsey is Director of the Asian Law Centre and an Associate Professor in the Law School, both at the University of Melbourne, Australia. Elizabeth Maitland is Associate Director of the Australian Centre for International Business, University of Melbourne. Pip Nicholson is Associate Director (Vietnam) of the Asian Law Centre and a Senior Fellow of the Law School, both at the University of Melbourne, Australia. Veronica Taylor is Professor of Law and Director of the Asian Law Center, University of Washington, Seattle.

This is a truly excellent book: wide-ranging, meticulous scholarship, very well written and easy to read. It should be on the desks of every senior civil servant, government lawyer and politician in every African country. After this book, there is no excuse for not having in place the necessary legal framework and equally important, for not using that legal framework to combat corruption.' - Patrick McAuslan, Birkbeck University of London, UK Drawing on numerous recent examples of good and bad practice from around the continent, this insightful volume explores the legal issues involved in developing and enhancing good governance and accountability within African states, as well as addressing the need for other states worldwide to demonstrate the 'transnational political will' to support these efforts. John Hatchard considers the need for good governance, accountability and integrity in both the public and private sector. He studies how these issues are reflected in both the African Union Convention on Preventing and Combating Corruption and the United Nations Convention Against Corruption. The book demonstrates that despite the vast majority of African states being party to these conventions, in practice, many of them continue to experience problems of bad governance, corporate bribery and the looting of state assets. It explores how the 'art of persuasion' can help develop the necessary political will through which to address these challenges at both the national and transnational levels. This unique and influential book will be of worldwide interest to those studying law, politics or business, as well as legal practitioners, policymakers, senior public officials, parliamentarians, law reformers, civil society organizations and the corporate sector. Contents Introduction 1. Setting the Scene: Law and Persuasion 2. Law and Governance in Africa: Supporting Integrity and Combating Corruption 3. Preventive Measures: Maintaining Integrity in the Public Service 4. When Things Go Wrong: Addressing Integrity Problems in the Public Service 5. Constitutions, Constitutional Rights and Combating Corruption: Exploring the Links 6. Investigating and Prosecuting Corruption Related Offences: Challenges and Realities 7. National Anti-corruption Bodies: A Key Good Governance Requirement? 8. Judges: Independence, Integrity and Accountability 9. Combating Corruption: 'Persuasion' and the Private Sector 10. Preventing the Looting of State Assets: Combating Corruption-Related Money Laundering 11. Preventing Public Officials from Enjoying their Proceeds of Corruption 12. Law, Political Will and the Art of Persuasion Bibliography Index