LAWGENRL 711 : Special Topic: Corruption: Comparative and International Approaches

Law

2025 Semester One (1253) (30 POINTS)

Course Prescription

No prescription

Course Overview

From one of the earliest concerns of morality and political philosophy to the subject of a global treaty sponsored by the United Nations, corruption has always played a major role in economic and political affairs. Corruption’s importance as a matter of law and policy has grown in recent decades, thanks to an increasing awareness of its devastating effects on democratic governance, economic performance, development efforts, human rights, and environmental protection efforts. Responding to that growing importance, this subject provides an overview of domestic, regional, and global approaches to corruption.
 
Although this seminar considers many aspects of anti-corruption law and policy, it covers issues of democratic integrity in greater depth. This includes a focus on systemic corruption affecting elections and law-making, with particular attention to New Zealand, the United States of America, and Australia. Relatedly, it includes in-depth coverage of several “global pressure points” (including political financing, lobbying, and conflicts of interest), which have become focal points for legal development at domestic and international levels.
 
The domestic approaches to corruption examined in this seminar include those undertaken by New Zealand, the United States, and Australia, as well as a sample of Latin American and Asian countries. The regional approaches targeted include those sponsored by the Organization of American States, the Asian Development Bank, Asia-Pacific Economic Cooperation, Council of Europe, the Organisation for Economic Co-operation and Development, and the World Bank. Finally, at the global level, this seminar covers the United Nations Convention Against Corruption (UNCAC). Because almost all countries in the world have ratified UNCAC and are working to harmonise their domestic laws with its terms, UNCAC serves as the primary source of law analysed in this subject.
 
Entering into force in 2005 and obtaining 191 States Parties as of August 7, 2024, UNCAC has taken incredible strides towards a global, comprehensive and partially binding approach to corruption. This subject explores the five pillars of that approach—international cooperation, preventative measures, criminalization and law enforcement measures, asset recovery, and technical assistance and information exchange.
 
At each of its three levels of legal inquiry (domestic, regional, and global), this seminar examines questions of substantive law (what conduct is targeted), procedure (how are suspected violations of the law exposed and addressed), institutions (how are legal frameworks administered), and effectiveness. Notably, this subject addresses arguments in favour and against different conceptions of corruption, exposing the contested ideological side of this field.
 
Although this subject relies primarily on legal analysis, it is informed by other academic disciplines, especially economics, political science, and philosophy. This transdisciplinary approach facilitates the consideration of broader questions that inform anti-corruption law, such as these: How are definitions and patterns of corruption changing over time? What effects does corruption have on development, businesses, local economies, and global capitalism? What effects does it have on human rights, democratization, elections, and lawmaking? What lessons have been learned about the effectiveness of different legal approaches to corruption? How could domestic, regional, and international anti-corruption initiatives be improved? What normative views of democracy and capitalism are bound up with the choice of legal regime?

Course Requirements

No pre-requisites or restrictions

Capabilities Developed in this Course

Capability 1: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 7: Collaboration
Capability 8: Ethics and Professionalism
Graduate Profile: Master of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Evaluate and discuss the effects of corruption on poverty and development, environmental protection, human rights, capitalism, and democracy (Capability 2.1, 3.1, 5.1 and 6.1)
  2. Develop and articulate strategies for discussing corruption-related policy issues with people of different political and ideological persuasions (Capability 5.1, 6.1 and 7.1)
  3. Understand and critically evaluate questions of substantive law, institutional design and international collaboration (Capability 3.1, 4.1 and 5.1)
  4. Communicate and debate the strengths and limitations of anti-corruption laws and institutions (Capability 3.1, 4.1, 5.1, 6.1 and 7.1)
  5. Interact and collaborate with classmates on possible law reform measures in contested areas of anti-corruption law (Capability 4.1, 5.1, 6.1, 7.1 and 8.1)
  6. Critically analyse the roles played by lawyers in anti-corruption institutions (Capability 3.1)
  7. Plan, research and write a scholarly essay on an area of anti-corruption law and policy (Capability 3.1, 4.1 and 5.1)
  8. Critically evaluate the ways that corruption has a disproportionate impact on minorities and the poor, impacting key democratic values of development, equality, meaningful rights and freedoms, and representation (Capability 1.2 and 3.1)

Assessments

Assessment Type Percentage Classification
Participation 10% Group & Individual Coursework
Research outline 20% Individual Coursework
Research trail 20% Individual Coursework
Research essay 50% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7 8
Participation
Research outline
Research trail
Research essay

Workload Expectations

This is a 30-point postgraduate course. The intensive, seminar portion will be for 40 hours. The guideline for the total workload for this course is 300 hours.

Delivery Mode

Campus Experience

Attendance is required over the five day intensive because the course is designed to be participatory, and it depends upon students being personally present and contributing in order to complete and receive credit for components of the course. Sessions will not be available as recordings.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Classes, held in person, will include more group exercises and debates, which will make for a more structured participation grade.
Long research essays, due at the end of the semester, will be facilitated by a scaffolding of a research outline and research trail, due well before the essay, and assessed as part of students' overall marks. 

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework, tests and examinations as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. A student's assessed work may be reviewed against electronic source material using computerised detection mechanisms. Upon reasonable request, students may be required to provide an electronic version of their work for computerised review.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 01/11/2024 06:32 p.m.