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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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KEITH OLIVER - ‘Excellent!’ I cried. ‘Elementary!’ said he. Mutual legal assistance and the present challenges faced by the legal community in the never-ending quest for the recovery of stolen assets: the victim’s options 161

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KEITH OLIVER ‘Excellent!’ I cried. ‘Elementary!’ said he.1 Mutual legal assistance and the present challenges faced by the legal community in the never-ending quest for the recovery of stolen assets: the victim’s options I. Introduction With the increase in transnational crime, particularly international fi- nancial crime, countries across the globe have become increasingly alive to the imperative of immediate and effective bilateral and multilat- eral co-operation. This process of co-operation and repatriation has been made more efficient through the use of various international measures seeking to encode and define MLA. This is an on-going battle, and one which has become ever more focused as it is thrust prominently into the global media spotlight. Whilst the merits of MLA and the endeavours made by countries seeking to work together on an international playing field are acknowledged, the flaws with the current system in respect of repatriating stolen assets has become glaringly obvious. This chapter will seek to address measures which both those in the legal community and beyond can adopt in order to maximise the potential for asset recovery either through the use of MLA or, if nec- essary, through other alternative means such as international assis- tance. This chapter is therefore what might be described as a call to litigation arms – a call to the international community to look beyond the narrow focus of MLA as the primary weapon in recovering looted 1 The Adventures of Sherlock Holmes: The Adventure of the Crooked Man (1893) Arthur Conan Boyle....

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