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Emerging Trends in Asset Recovery

Gretta Fenner-Zinkernagel, Charles Monteith and Pedro Gomes Pereira

Street protests in the ‘Arab Spring’ countries have illustrated that public demand for recovering stolen assets has grown exponentially, as have expectations by concerned populations and governments. From a topic discussed in expert forums, it has thus become a topic of the people. The question is: Have practitioners and policy makers delivered on these expectations?
Clearly, since the ratification of the UN Convention against Corruption (UNCAC) ten years ago, much progress has been made in streamlining respective legal and institutional frameworks. On the other hand, we also find that practical successes on the ground remain few and far apart, and largely limited to a handful of countries.
This book asks why and, through the voice of renowned practitioners from a broad range of affected countries, analyses challenges that remain, identifies new stumbling blocks that have cropped up, and discusses practical solutions that are being tested with a view to overcoming these.
The book is published by the Basel Institute on Governance’s International Centre for Asset Recovery (ICAR).

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Contributors xxv

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i Centre for Asset Recovery (ICAR). Andrew graduated from the Uni- versity of Western Australia and holds degrees in both law and inter- national relations. He has completed internships at several internation- al NGOs, including the United Nations Crime and Justice Research Institute in Turin, Italy. URS FELLER is head of Prager Dreifuss’ litigation & arbitration group. He acts for international and domestic clients in a variety of disputes before courts and administrative authorities in Switzerland as well as before international arbitration tribunals. He is a member of the executive committee of the International Bar Association’s litiga- tion section and also a member of STEP, the Society of Trust and Estate Practitioners. GRETTA FENNER ZINKERNAGEL is the Managing Director of the Basel Institute on Governance and the Director of ICAR. She is a po- litical scientist by training, and holds an MBA from Curtin University in Australia. From 2000 to 2005, Gretta worked at the Organisation for Economic Co-operation and Development (OECD) managing the ADB/OECD Anti-Corruption Initiative for Asia-Pacific. In the past and still today she advises governments, international organisations and multinational corporations in governance and anti-corruption re- lated topics, development processes and policy design. MARCEL FREY is a senior member of Prager Dreifuss’ litigation and private client team. He represents local and foreign clients in court and arbitration proceedings. He also advises clients with regard to corporate law and enforcement matters. Marcel is regularly involved in mutual legal assistance matters and asset recovery. He is a member of the management...

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