Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

Public International Law and the Regulation of Diplomatic Immunity in the Fight against Corruption

Public International Law and the Regulation of Diplomatic Immunity in the Fight against Corruption
by Kenneth K Mwenda
2011
ISBN: 978-0-9869857-9-9
Pages: 212
Print version: Available
Electronic version: Free PDF available

Download this book


About the publication

Juxtaposed between anti-corruption initiatives and the principles of public international law pertaining to diplomatic immunity, this book critically examines the scope and limitations of diplomatic immunity in the fight against corruption. In a world where a very large number of States depend on richer nations for economic aid, it is inevitable that the old rule of non-interference in internal matters will be challenged. The traditional view is that Article 41(1) of the Vienna Convention on Diplomatic Relations 1961 prohibits diplomats from interfering in the internal affairs of the State to which they are accredited. Against this background, should diplomats from donor States be expected to keep quiet where the funds provided by the donor States to the recipient States are misused or otherwise corruptly spent?

“Professor Mwenda has presented in this book some very interesting legal avenues to diminish corruption... It has strong implications for policy makers and it is well suited for legislators, university students and the general public.”

– Professor Dr.rer.pol. Wolfgang Chr. Fischer, School of Law, James Cook University, Australia

“This book is the latest on corruption and governance from one of the leading legal experts on corruption and governance, and it tackles the challenging issues of corruption, good governance and diplomatic immunity.”
– Professor Owen Sichone, Department of Anthropology, University of Pretoria, South Africa

“Prof. Mwenda has once again put his intellectual mettle on display... His work is an honest attempt to provide legal answers to complex problems brought on by diplomatic immunity in today’s world. While the solutions offered are essentially legal in nature, Prof. Mwenda’s extensive analysis and his ability to draw parallels between domestic and international law, as well as his skilful use of contemporary examples, makes this book not only accessible but actually useful to businesspeople, politicians, and other non-lawyers.”
– Hon. Mr. Chisanga Puta-Chekwe, Deputy Minister of the Canadian Ministry of Citizenship and Immigration, and Canada’s Deputy Minister Responsible for Women’s Issues.

About the editor:

Professor Kenneth K Mwenda is Senior Counsel in the Legal Vice-Presidency of the World Bank, Washington DC and Extraordinary Professor in the Faculty of Law at the University of Pretoria, South Africa.


Table of Contents

  • FOREWORD
  • PREFACE
  1. Introduction
    1 Objective and scope of the study
    2 A definition of diplomatic immunity and the policy rationale for such immunity
    3 Other types of immunities closely related to diplomatic immunity
    4 Municipal law and the international fight against corruption
    5 Outline of subsequent chapters
  2. Legal aspects of the anatomy of corruption and good governance
    1 Introduction
    2 International law and treaty definitions of corruption
    3 The relationship between corruption and good governance
    4 Shortcomings of some attempt to define good governance
    5 Other attempts to define good governance
    6 Defining corruption from a ‘law in context’ perspective
    7 Multilateral development agencies on good governance
    8 How corruption can lead to money laundering
    9 Conclusion
  3. Compromised diplomatic immunity of corrupt diplomats
    1 Introduction
    2 The concept of diplomatic immunity
    3 The concept of a diplomatic démarche
    4 Diplomatic immunity in the light of corrupt practices by a diplomat
    5 Conclusion
  4. The right of diplomats to ask recipient States of donor funds to account for the donor funds
    1 Introduction
    2 Different types of donors
    3 Context of the discourse
    4 The issue of diplomatic immunity versus that of persona non grata
    5 The legal bases for a donor State to ask where the money has gone and to recover the misused or abused funds
    6 Conclusion
  5. Conclusion
  • Appendix I
  • Appendix II
  • Appendix III
  • Appendix IV
  • Appendix V
  • BIBLIOGRAPHY
  • INDEX

Download this book


Keywords:

ORCID

ORCID provides a persistent digital identifier that distinguishes you from every other researcher and, through integration in key research workflows such as manuscript and grant submission, supports automated linkages between you and your professional activities ensuring that your work is recognised. If you do not have such an ID, please register at the website https://orcid.org/register.