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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Publication

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
Briefing Paper

Employer’s Bar on Religious Clothing and European Union Discrimination Law

The Open Society Justice Initiative calls on the Court of Justice of the European Union to rule that equality law is violated when an employer on the grounds of “neutrality”—bans its staff from wearing any religious clothing.

July 2016
First page of PDF with filename: briefing-cjeu-headscarves-20160712.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

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
Briefing Paper

Repatriating Stolen Assets: Potential Funding for Sustainable Development

This background briefing was prepared for “We Want Our Money Back,” a civil society side-event at the 3rd International Conference on Financing for Development, Addis Ababa, in July, 2015.

July 2015
First page of PDF with filename: repatriating-stolen-assets-background-20150727.pdf
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