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Non-State Actors in Asset Recovery

Edited By Daniel Thelesklaf and Pedro Gomes Pereira

Non-state actors are of fundamental importance in the prevention and combating of corruption within asset recovery processes. Their roles and responsibilities were considered during an experts’ meeting hosted by the Basel Institute on Governance and the International Anti-Corruption Academy in September 2010.
This book contains essays presented at the meeting, written by practitioners and academics with extensive experiences in the numerous fields which comprise asset recovery processes. The contributions offer a diversity of views on roles which non-state actors (can) play in preventing and combating corruption and other forms of financial crimes.
The editors conclude by offering insights into ongoing challenges in asset recovery processes and ways to overcome these challenges.

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PEDRO GOMES PEREIRA, ANJA ROTH AND KODJO ATTISSO - A stronger role for non-state actors in the asset recovery process 1

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PEDRO GOMES PEREIRA, ANJA ROTH AND KODJO ATTISSO A stronger role for non-state actors in the asset recovery process I. What are non-state actors (NSAs)? When talking about NSAs, one very quickly comes to realise that this concept caters for a wide range of potential candidates that might qualify for its label. As a result, it makes sense to define what is meant by the term before starting to talk about the different roles of NSAs. It has become clear recently, that the classical nation state alone can no longer be seen as the sole bearer of power and sovereignty in a coun- try. It is no longer the only source of regulation and norm formation. The influence of NSAs has been accepted widely today and it has been recognised that ‘there has been an increasing insertion of non- state actors […] in global governance.’ 1, 2 Looking for a comprehensive description of the term NSAs, one cannot get around the definition that is given in the Cotonou Agree- ment, and that has been accepted widely and is used internationally today. In its Article 6, dealing with ‘definitions’, NSAs include, ‘the private sector, economic and social partners including trade union organisations and civil society in all its forms according to national characteristics.’ The same article also mentions some limitations and how potential NSAs can be filtered, namely according to ‘the extent to which they address the needs of the population, […] their specific 1 A. Reinisch, ‘The Changing International Legal Framework for...

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