Foreign Investments, the Rule of Corrupted Law and Transnational Systemic Corruption in Uganda’s Mineral Sector

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The relationship between corruption, particularly when systemic, and the rule of law is a circular one. On the one hand, corruption undermines the rule of law; on the other hand, a weak rule of law facilitates corruption. In a sort of parasitic relationship, corruption quickly attaches to the flaws and the loopholes of the legal-institutional system and from them it grows, infecting other branches of the law and the institutions. Inadequate regulation and ineffective enforcement, therefore, play a formidable causal role in the systemization of corruption, either intendedly or unintendedly. This chapter explores the corrupting effects of the law, broadly considered as both norms and institutions, and their impact on the rule of law in the context of foreign investments in the Uganda mining sector. Our study adopts an interdisciplinary approach seeking to integrate different theoretical explanations of corruption. We particularly rely on existing criminological theories on the unintended criminogenic effects of legislation. The analysis of the Uganda case study should provide further evidence to support such theories and expand their applicability beyond mere legislation, to any source of law, and beyond the context of European and developed countries. The chapter also seeks to complement and corroborate the research findings on the corrupting effects of the law with traditional criminological theories of crime, sociological and socio-psychological theories of anomie and strain psychological theories of legitimacy.
Original languageEnglish
Title of host publicationInternational Trade, Investment and the Rule of Law
EditorsRafael Leal-Arcas
Place of PublicationChişinău
PublisherEliva Press
Pages84-110
Number of pages27
Edition1
ISBN (Print)9789975307192
Publication statusAccepted/In press - 26 Mar 2020

Keywords

  • legislative crime proofing
  • Crime prevention
  • corruption
  • foreign investment law
  • Mining
  • Uganda
  • Systemic Corruption
  • Lawmaking
  • Policymaking
  • Rule of law

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  • Activities

    • 1 Public Engagement Event

    ESRC Festival of Social Science

    Lorenzo Pasculli (Convenor), David Ndolo (Co-organiser), Mairi Laird (Co-organiser), Somtobechukwu Nwachukwu Okpala (Co-organiser)
    3 Nov 20196 Nov 2019

    Activity: Participating in or organising an eventPublic Engagement Event

    Research Output

    The Corruption of the Law: The Effects of Lawmaking on Systemic Corruption

    Pasculli, L., 3 Apr 2020, (In preparation) Routledge.

    Research output: Book/ReportBook

  • Corruptio Legis: law as a cause of systemic corruption -comparative perspectives and remedies also for the Post-Brexit Commonwealth

    Pasculli, L., 2017, Proceedings of the Annual International Conference on Law, Regulations and Public Policy (LRPP 2017), 5th–6th June 2017, Singapore. Global Science and Technology Forum GSTF, p. 189-197 8 p.

    Research output: Chapter in Book/Report/Conference proceedingChapter

    Open Access
  • Press / Media

    Cite this

    Pasculli, L. (Accepted/In press). Foreign Investments, the Rule of Corrupted Law and Transnational Systemic Corruption in Uganda’s Mineral Sector. In R. Leal-Arcas (Ed.), International Trade, Investment and the Rule of Law (1 ed., pp. 84-110). Chişinău: Eliva Press.