Open AccessMechanisms for Recovering Libyan Smuggled Assets within Framework of the United Nations Convention against Corruption: آليات استرداد الموجودات الليبية المهرَّبة في إطار اتفاقية الأمم المتحدة لمكافحة الفساد
Author(s) -
Mohammad Ibrahim Negasi Ali Makhzoum Altoumi
Publication year - 2022
Publication title -
mağallaẗ al-ʿulūm al-iqtiṣādiyyaẗ wa-al-idāriyyaẗ wa-al-qānūniyyaẗ
Language(s) - English
Resource type - Journals
ISSN - 2522-3372
DOI - 10.26389/ajsrp.a020621
Subject(s) - convention , confiscation , language change , state (computer science) , face (sociological concept) , political science , asset (computer security) , process (computing) , business , law and economics , law , computer security , economics , sociology , computer science , art , social science , literature , algorithm , operating system
This study aims to shed light on the mechanisms for recovering smuggled assets which established by United Nations Convention against Corruption, as well as the extent of the success of the State of Libya in this field. Moreover, the most important obstacles that face the State of Libya. Therefore, to clarify this point, the concept of recovering smuggled assets and its importance as well as the legal framework for the asset recovery have studied by using the inductive and analytical approach. For that, this study could clarify that the United Nations Convention played an important role in organizing that process, as it approved legal mechanisms governing it, represented in direct recovery, international cooperation in the field of confiscation, automatic international cooperation, and finally the recovery of assets. However, these mechanisms need a real commitment on the part of States parties to activate it. Furthermore, this study explains that the State of Libya has so far failed to recover its smuggled funds, for several different reasons; therefore, it should benefit from the successful experiences in this field.