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Biens Mal Acquis
''Biens mal acquis'' () is a phrase used in French courts for litigation seeking the repayment of assets stolen from poor countries by corrupt officials. The phrase refers to anti-corruption legal proceedings against former dictators and Strongman (politics), strongmen outside of their country, the seizure of assets within the country of the legal proceedings, and the return of the assets to the country from which they were embezzled. Examples of ''biens mal acquis'' are government funds from former colonies of Françafrique that were spent on luxurious lifestyles and investment real estate in France. The doctrine has since been used in similar cases filed in Spain, Switzerland and Monaco, and against the Ferdinand Marcos, Marcos family and the estate of Sani Abacha. Terminology The phrase ''biens mal acquis'' is derived from the French proverb '':fr:wikt:bien mal acquis ne profite jamais, bien mal acquis ne profite jamais'' meaning "a thing dishonorably obtained never truly ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litigation
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kleptocracy
Kleptocracy (from Greek , "thief", or , "I steal", and from , "power, rule"), also referred to as thievocracy, is a government whose corrupt leaders (kleptocrats) use political power to expropriate the wealth of the people and land they govern, typically by embezzling or misappropriating government funds at the expense of the wider population."Kleptocracy". ''The Oxford English Dictionary''. Oxford University Press. 1st ed. 1909. One feature of political-based socioeconomic thievery is that there is often no public announcement explaining or apologizing for misappropriations, nor any legal charges or punishment levied against the offenders. Kleptocracy is different from plutocracy (rule by the richest) and oligarchy (rule by a small elite). In a kleptocracy, corrupt politicians enrich themselves secretly outside the rule of law, through kickbacks, bribes, and special favors from lobbyists and corporations, or they simply direct state funds to themselves and their ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Nations Convention Against Corruption
The United Nations Convention Against Corruption (UNCAC) is the only legally binding international anti-corruption multilateral treaty. Negotiated by UN member states, member states of the United Nations (UN) it was adopted by the UN General Assembly in October 2003 and entered into force in December 2005. The treaty recognises the importance of both preventive and punitive measures, addresses the cross-border nature of corruption with provisions on international cooperation and on the return of the proceeds of corruption. The UN Office on Drugs and Crime (UNODC) in Vienna serves as the Secretariat for the UNCAC. UNCAC's goal is to reduce various types of corruption that can occur across country borders, such as trading in influence and abuse of power, as well as corruption in the private sector, such as embezzlement and money laundering. Another goal of the UNCAC is to strengthen international law enforcement and judicial cooperation between countries by providing effective legal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restitution
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been unjustly enriched at the expense of another is required to make restitution. This principle derives from late Roman law, as stated in the Latin maxim attributed to Sextus Pomponius, ''Jure naturae aequum est neminem cum alterius detrimentum et injuria fieri locupletiorem'' ("By natural law it is just that no one should be enriched by another's loss or injury"). In civil law systems, it is also referred to as enrichment without cause or unjustified enrichment. In pre-modern English common law, restitutionary claims were often brought in an action for '' assumpsit'' and later in a claim for money had and received. The seminal case giving ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Europe
Western Europe is the western region of Europe. The region's extent varies depending on context. The concept of "the West" appeared in Europe in juxtaposition to "the East" and originally applied to the Western half of the ancient Mediterranean world, the Latin West of the Roman Empire, and "Western Christendom". Beginning with the Renaissance and the Age of Discovery, roughly from the 15th century, the concept of ''Europe'' as "the Western world, West" slowly became distinguished from and eventually replaced the dominant use of "Christendom" as the preferred endonym within the area. By the Age of Enlightenment and the Industrial Revolution, the concepts of "Eastern Europe" and "Western Europe" were more regularly used. The distinctiveness of Western Europe became most apparent during the Cold War, when Europe was divided for 40 years by the Iron Curtain into the Western Bloc and Eastern Bloc, each characterised by distinct political and economical systems. Historical divisions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misappropriation
In law, misappropriation is the unauthorized use of another's name, likeness, identity, property, discoveries, inventions, etc. without that person's permission, resulting in harm to that person. Another use of the word refers to intentional and illegal use of property or funds; it can particularly refer to actions committed by a public official. Article 17 of the United Nations Convention against Corruption specifies that each State party should criminalize misappropriation, embezzlement, or other diversion of priority by public officials. Criminal law In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a deceased person's estate or by any person with a responsibility to care for and protect another's assets (a fiduciary duty). Depending upon the jurisdiction and value of the proper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Heads Of State
A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 "[The head of state] being an embodiment of the State itself or representative of its international persona." The name given to the office of head of state depends on the country's form of government and any separation of powers; the powers of the office in each country range from being also the head of government to being little more than a ceremonial figurehead. In a parliamentary system, such as Politics of India, India or the Politics of the United Kingdom, United Kingdom, the head of state usually has mostly ceremonial powers, with a separate head of government. However, in some parliamentary systems, like Politics of South Africa, South Africa, there is an executive president that is both head of state and head of government. Likewise, in some parliamentary systems the head of state is not the head of government, but still has significant powers, for example Politics of Morocco, Moro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial System
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Debt
A country's gross government debt (also called public debt or sovereign debt) is the financial liabilities of the government sector. Changes in government debt over time reflect primarily borrowing due to past government deficits. A deficit occurs when a government's expenditures exceed revenues. Government debt may be owed to domestic residents, as well as to foreign residents. If owed to foreign residents, that quantity is included in the country's external debt. In 2020, the value of government debt worldwide was $87.4 US trillion, or 99% measured as a share of gross domestic product (GDP). Government debt accounted for almost 40% of all debt (which includes corporate and household debt), the highest share since the 1960s. The rise in government debt since 2007 is largely attributable to stimulus measures during the Great Recession, and the COVID-19 recession. Governments may take on debt when the government's spending desires do not match government revenue flows. Taking deb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Military Dictator
A military dictatorship, or a military regime, is a type of dictatorship in which power is held by one or more military officers. Military dictatorships are led by either a single military dictator, known as a strongman, or by a council of military officers known as a military junta. They are most often formed by military coups or by the empowerment of the military through a popular uprising in times of domestic unrest or instability. The military nominally seeks power to restore order or fight corruption, but the personal motivations of military officers will vary. The balance of power in a military dictatorship depends on the dictator's ability to maintain the approval of the military through concessions and appeasement while using force to repress opposition. Military strongmen may seek to consolidate power independently of the military, effectively creating personalist dictatorships. Military dictators are under constant threat of removal by their fellow military office ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Zaire
Zaire, officially the Republic of Zaire, was the name of the Democratic Republic of the Congo from 1971 to 18 May 1997. Located in Central Africa, it was, by area, the third-largest country in Africa after Sudan and Algeria, and the 11th-largest country in the world from 1965 to 1991. With a population of over 23 million, Zaire was the most populous Francophone country in Africa. Zaire was strategically important to the West during the Cold War, particularly the U.S., as a counterbalance to Soviet influence in Africa. The U.S. and its allies supported the Mobutu regime (1965–1997) with military and economic aid to prevent the spread of communism. The country was a one-party totalitarian military dictatorship, run by Mobutu Sese Seko and his Popular Movement of the Revolution. Zaire was established following Mobutu's seizure of power in a military coup in 1965, after five years of political upheaval following independence from Belgium known as the Congo Crisis. Zaire ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
President Of Zaire
This is a list of President of the Democratic Republic of the Congo, presidents of the Democratic Republic of the Congo (formerly the Republic of the Congo (Léopoldville), Republic of the Congo and Zaire) since the country's independence in 1960. The current president is Félix Tshisekedi, since 24 January 2019. List of officeholders ;Political parties ;Other affiliations ;Symbols Elected unopposed ;Status Timeline Rank by time in office See also * Politics of the Democratic Republic of the Congo * President of the Democratic Republic of the Congo * Prime Minister of the Democratic Republic of the Congo ** List of prime ministers of the Democratic Republic of the Congo * List of colonial governors of the Congo Free State and Belgian Congo Notes References External links Official website of the President of the DRC {{Democratic Republic of the Congo topics Presidents of the Democratic Republic of the Congo, * Lists of national presidents, Democrat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
