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A Comparative Study of Jordanian Anti-Corruption Law & the UN Convention against Corruption

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Aloran, Kholood Sami (2017) A Comparative Study of Jordanian Anti-Corruption Law & the UN Convention against Corruption. PhD thesis, University of Gloucestershire.

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Abstract

The present thesis addresses two questions, expressed broadly as: how comprehensively is the United Nations Convention against Corruption (UNCAC) embedded in Jordanian national law? and how readily do Jordanian courts apply the provisions of UNCAC? UNCAC is the first legally binding international anti-corruption instrument. In its 8 Chapters and 71 Articles, the UNCAC obliges its State Parties to implement a wide and detailed range of anti-corruption measures affecting their laws, institutions and practices. The Convention's far-reaching approach and the mandatory character of many of its provisions make it a unique tool for developing a comprehensive response to a global problem. The significance of UNCAC can be seen in the fact that by July, 2017 140 states parties had signed the convention. The questions are asked in the light of the need to combat corruption in the pursuit of countries’ development, where its presence has long been seen as a major impediment. Despite Jordan’s participation in drafting the Convention, some elements of the convention are still missing in Jordanian law. So for the first question, it can be seen that missing elements include bribery in the private sector; bribery of foreign Public Officials and officials of public international organizations; trading in influence, and concealment. For the second question, it appears that Jordanian courts do not favour using UNCAC in coming to their verdicts, as Judges consider that Jordanian legislation is enough to deal with corruption cases. A comparative approach between the Jordanian national law and the international treaty is initially adopted, incorporating (textual) analysis contrasting different elements of national legislation in Jordan and UNCAC. A wide range of government documents and international organizations’ reports are considered. This doctrinal style of research then leads to a second phase. Thirty face-to-face expert structured interviews were then conducted. The interviews examined opinion concerning the application of UNCAC’s provisions by Jordan. This served to identify opinion on the strengths and challenges in current Jordanian statutes, and suggest the potential impact that any statutory changes might have in reducing corruption in Jordan. The results demonstrate a relatively high level of agreement amongst the experts concerning the current state of Jordan’s law in relation to UNCAC. The research suggests that use of the law has potential to further reduce corruption in Jordan. This twin-track approach leads to insights into the nature of corruption offences in an Arab and largely Islamic context. The research provides guidelines for the implementation of the UNCAC in Arab jurisdictions sharing elements of the Jordanian situation. Consideration of the international review process provides insight into how such implementation might best be accomplished. The thesis contributes both to theory-building and practical understanding of how legislation may be used to combat corruption.

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Thesis (PhD)

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