ARTICLE: CORRUPTION, DEVELOPMENT AND GOOD GOVERNANCE: CHALLENGES FOR PROMOTING ACCESS TO JUSTICE IN ASIA * Skip over navigation
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Copyright (c) 2008 Michigan State University College of Law
Michigan State Journal of International Law

ARTICLE: CORRUPTION, DEVELOPMENT AND GOOD GOVERNANCE: CHALLENGES FOR PROMOTING ACCESS TO JUSTICE IN ASIA *



* This article was developed from a working paper submitted to the United Nations Development Programme in which the author was invited to write a Technical Background Paper on Corruption and Human Development." The substantive themes and sub-themes of the present work are drawn from previous research and publications of the author on this subject. I would like to thank Ms. Ivy Wang for help and assistance in editing this article.

2008

Michigan State Journal of International Law

16 Mich. St. J. Int'l L. 475

Author

C. Raj Kumar **

Excerpt

I. DEFINITIONAL ISSUES AND CONCEPTUAL UNDERPINNINGS

Corruption is an all-pervasive problem that is widely prevalent in many countries in the Asia Pacific region. Corruption has become deeply institutionalised within the governance structure. The ground realities within Asia reflect a high degree of apathy and helplessness in dealing with the problem. Before the issue of corruption is discussed, it is important to provide some perspective on the definitions of corruption. There have been numerous debates and controversies surrounding the exact meaning of corruption. While the purpose of this paper is not to provide a deeper analysis of the definition of corruption, it may be useful to analyse a few definitions. The generally accepted definition of corruption in contemporary literature focuses on the abuse of public office for private gain. 1 "Corruption is the misuse of public power for private profit." 2

In fact, the problem of defining corruption is writ large as demonstrated by the fact that that the United Nations Convention against Corruption (2003) itself did not define corruption, but rather preferred to define and criminalise bribery, money laundering, abuse of power, embezzlement and certain other offences. 3 It should be further noted that the convention uses the word "corruption" in a number of places, including in the preamble as well as in the text of the convention, but does not define what constitutes corruption. This is obviously due to the lack of global consensus over the specific definition of ...
 
 
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