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Economic Analysis and International Law

Marco Arnone and Leonardo S. Borlini

Corruption presents many legal and regulatory challenges, but these challenges cannot be met by the law in isolation. This book presents economic analysis of crime as an essential tool for shaping an effective legal apparatus. The authors contend that in order to assess whether and how to regulate corruption, it is necessary to start with a thorough inquiry into the causes, institutional and social effects, and most of all, actual and potential economic and financial consequences of crimes. This, they argue, should inform and help shape a balanced legal and regulatory approach to corruption.
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Chapter 14: Mutual legal assistance and extradition

Marco Arnone and Leonardo S. Borlini


Another aspect which deserves particular attention has to do with the dynamic and the mutual influence amongst the various international instruments which, while different in subjective and objective scope, have continuously influenced each other. If one pays enough attention, she/ he will find a common "fil rouge" in all these legal documents. It clearly seems that as far as certain provisions are concerned, the drafters have always been influencing each other, resulting in the step-by-step positive evolution of the international legislation and practices against corruption. In our opinion, this holds in particular with regard to the measures on mutual legal cooperation and extradition.

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