Focusing on the problem of indigenous spoliation in developing countries, this work explores the controversial issue of spoliation by national officials of the wealth of the states of which they are custodians. Due to constraints of the state system and the lack of appropriate substantive municipal law, efforts to punish those responsible for the economic rape of entire nations and to recover spoliated funds have been frustrated and rendered insubstantial. Taking a multidisciplinary approach and on the basis of data generated from empirical, cross-national research, this study makes the case for indigenous spoliation as a violation of international law. Substantially revised and updated to take account of recent legal and political developments, the second edition will be a valuable resource for academics, practitioners, NGOs, and policymakers.
Table of Contents
Contents:Preface; Introduction. Indigenous Spoliation as an International Economic Crime: Indigenous spoliation as an international crime; Indigenous spoliation as a breach of fundamental human rights grounded in customary law; Indigenous spoliation as a breach of international customary law of fiduciary relations; State practice in international fora with respect to acts of fraudulent enrichment; State practice at the domestic level criminalizing acts of fraudulent enrichment by top state officials. Responsibility and Accountability for the Crime of Indigenous Spoliation: The cult of sovereignty as an obstacle to the principle of leadership responsibility for international economic crimes; Judicial barriers to holding heads of state individually liable for acts of indigenous spoliation; Toward a framework for holding constitutionally responsible rulers individually liable for acts of indigenous spoliation; Legal basis of jurisdiction over crimes of indigenous spoliation. Conclusion; Index.
Ndiva Kofele-Kale is Professor of Public International Law in the Dedman School of Law at Southern Methodist University, USA. He has published widely in the area of public international law, indigenous spoliation and human rights.
'Some books elegantly record history; some books make history. This book does both. It is a brilliant, fiercely useful, absolutely essential book - a serious and compelling work in the field, and should be read by scholars and policy makers everywhere. His book is one of those rare volumes that make news, which is so original on a topic of such importance that must be read. Kale has produced a book brilliantly conceived, and superbly researched, mixing passion with erudition.' Chris N. Okeke, Golden Gate University, USA 'The International Law of Responsibility for Economic Crimes is a thought-provoking study in the field of international economic crimes. It provides striking theoretical and practical evidence to demonstrate the importance of combating acts of indigenous spoliation by high ranking officials. Well-thought recommendations and most exhaustive analysis are of much value to anti-corruption in developing countries and transitional countries.' Zhongfei Zhou,Shanghai University of Finance and Economics, China ’Professor Ndiva Kofele-Kale's insightful and piercing book looks to the face of the 21st century right directly into the eyes, and speaks to all of us with words that are painfully clear.' Judge Roberto Maclean, formerly of the Supreme Court of Peru, Peru 'Kofele-Kale's book shines a much needed light on a corner of international criminal law in the wider sense that is very often overlooked...[this book] presents a highly original approach to a problem that is the cause of much suffering in many indigenous populations, especially on the African continent, and deserves a wide readership.' International Criminal Law Review 'Ndiva Kofele-Kale's second edition...is the most thorough and important anaylsis of the international legal implications of what the author describes as indigenous spoliation - namely, the systematic plunder of national wealth by heads of state or other constitutionally reponsible rulers...Kofele-Kale's book has the great