International Cooperation in Asset Recovery and Confiscation: Legal Frameworks, Challenges, and Emerging Trends
Abstract
Asset recovery and confiscation have become central components of the international response to corruption, organized crime, money laundering, and other forms of transnational financial crime. Criminal proceeds are frequently transferred across jurisdictions, making effective international cooperation essential for tracing, freezing, confiscating, and repatriating illicit assets. This article examines the principal international legal frameworks governing asset recovery, including the United Nations Convention against Corruption (UNCAC), the United Nations Convention against Transnational Organized Crime (UNTOC), and the recommendations of the Financial Action Task Force (FATF). It further analyzes the mechanisms of mutual legal assistance, international cooperation in confiscation proceedings, and asset-sharing arrangements. The article identifies key challenges, including jurisdictional conflicts, differences in national legal systems, beneficial ownership opacity, and human rights concerns. It concludes that while international cooperation has improved significantly over the past two decades, substantial legal and practical obstacles continue to limit the effectiveness of cross-border asset recovery.
© 2026 Anton Martini, published by International Institute for Private, Commercial and Competition Law
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