Asset Recovery and Non-Trial Resolutions: Challenges and Innovations in International Anti-Corruption Law

Asset Recovery and Non-Trial Resolutions: Challenges and Innovations in International Anti-Corruption Law

The concept of asset recovery has been a crucial element of anti-corruption law for decades. Historically, corruption has led to the misappropriation of public funds by officials who transfer them to private accounts, often in foreign jurisdictions. This necessitated the development of legal tools to not only identify and prosecute corrupt actors but also to recover the illicitly acquired assets and return them to their rightful owners. Despite significant strides made through international cooperation, significant challenges including jurisdictional conflicts due to discrepancies in legal systems, procedural hurdles arising from the complexity of mutual legal assistance treaties (MLATs), and the reluctance of haven jurisdictions to cooperate persist in making asset recovery an effective deterrent and restitution mechanism. This thesis examines the evolution of asset recovery in international anti-corruption law, tracing its emergence and its role in combating transnational corruption. It critically analyzes the limitations hindering the return of stolen assets and investigates the increasing role of Non-Trial Resolutions (NTRs) as a tool for settling corruption cases, despite the absence of a clear international mandate. This study evaluates, further, whether NTRs enhance or obstruct asset recovery, offering a doctrinal critique of their impact on asset recovery. By assessing both their benefits and drawbacks, this work contributes to the ongoing debate on NTRs as a viable alternative for efficient asset recovery.