Publications

Read and download reports, handbooks, briefing papers, legal and policy submissions, and fact sheets from the Open Society Justice Initiative. 

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South Africa: Public Trust Theory as the Basis for Resource Corruption Litigation

South Africa’s 1994 Constitution has led to statutes that incorporate the doctrine of public trust into environmental and natural resources law—strengthening potential legal remedies for challenging corruption.

August 2016
First page of PDF with filename: legal-remedies-6-schyff-20160802.pdf
Publication

Legal Remedies for Victims of Bribery under United States Law

The U.S. Foreign Corrupt Practices Act has enabled "follow on" claims from foreign governments and others who suffer losses as a result of corrupt dealings. But many questions about the status of such claims remain open.

June 2016
First page of PDF with filename: legal-remedies-5-messick-20160601_0.pdf
Publication

Private Prosecutions: A Potential Anticorruption Tool in English Law

Private prosecution may offer opportunities in combating corruption, when the criminal actor is part of the state, and state actors may be reluctant to act.

May 2016
First page of PDF with filename: legal-remedies-4-edmonds-jugnarain-20160505.pdf
Publication

Lessons from Qui Tam Litigation in the United States

Private whistleblower legal complaints, or qui tam actions, have been successful in the United States, but it is a challenging model to emulate.

April 2016 | David Kwok
First page of PDF with filename: legal-remedies-3-kwok-20160413.pdf
Publication

Anti-Corruption Litigation in the Supreme Court of India

An examination of the role of India's Supreme Court in NGO efforts to expose and punish corruption involving high-ranking government officials.

February 2016 | Arghya Sengupta
First page of PDF with filename: legal-remedies-2-sengupta-20160202.pdf
Publication

Comments on the Draft Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism

This document was submitted to the Council of Europe's Committee on Foreign Terrorist Fighters and Related Issues, with comments on the Additional Protocol of the Convention on the Prevention of Terrorism.

March 24, 2015
First page of PDF with filename: comments-coe-terrorism-protocol-20160217.pdf
Publication

Standing Doctrine and Anticorruption Litigation: A Survey

A brief overview of the application of the doctrine of legal standing in a number of jurisdictions, and its implications for private anticorruption litigation.

February 2016
First page of PDF with filename: legal-remedies-2-20160202.pdf
Publication

Strengthening Pretrial Justice: A Guide to the Effective Use of Indicators

This guide proposes a methodical approach toward developing and deploying empirically based indicators to identify exemplary and problematic pretrial practices.

January 2016
First page of PDF with filename: indicators-pretrial-eng-20160205.pdf
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