Anti-corruption Policy

Anti-corruption Policy PDF

Author: Susan Rose-Ackerman

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781611633030

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International organizations routinely incorporate anti-corruption efforts into their good governance programs. An OECD treaty outlaws the bribery of foreign public officials, and the United Nations has promulgated a broad-based anti-corruption treaty. The arbitral system for international dispute resolution increasingly confronts allegations of corruption. Scholars are beginning to document the costs of corruption for the citizens of developing countries and for the integrity of international business dealings. The editors, Susan Rose-Ackerman and Paul D. Carrington bring together a diverse group of authors to evaluate these ongoing anti-corruption efforts and to consider whether new directions are warranted. After Rose-Ackerman's introduction, contributions by World Bank staffers summarize the promises and challenges of good governance programs in International Financial Institutions. The next section deals with other international actors, such as civil society, business, and the media. One chapter questions whether democracies will invariably support the anti-corruption agenda. The volume then considers the strengths and weaknesses of existing anti-corruption treaties and assesses the role of the Financial Action Task Force. The last section confronts the overlapping roles of public and private law in the control of transnational bribery. Chapters discuss the World Bank's sanctioning system and the status of contracts tainted by bribery, especially ones that are the subject of international arbitration. The volume concludes with Carrington's proposal for expanding international private law remedies for fighting corruption. Contributors: Kevin E. Davis, John Dugard, Roberto de Michele, Pascale Hélène Dubois & Aileen Elizabeth Nowlan, Global Witness, Robin Hodess, Jana Kunicová, Johann Graf Lambsdorff, Abiola O. Makinwa, Olaf Meyer, Joost Pauwelyn, Mark Pieth, Francesca Recanatini, Tina Søreide, Liam Wren-Lewis, Michela Wrong.

Modern Bribery Law

Modern Bribery Law PDF

Author: Jeremy Horder

Publisher: Cambridge University Press

Published: 2013-04-25

Total Pages: 383

ISBN-13: 110735496X

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The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.

Anti-Corruption Regulation

Anti-Corruption Regulation PDF

Author: Homer E Moyer Jr

Publisher: Law Business Research Ltd.

Published: 2017-03-28

Total Pages: 216

ISBN-13: 191237756X

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Anti-Corruption Regulation, edited by Homer E Moyer Jr of Miller & Chevalier Chartered, captures the growing anti-corruption jurisprudence that is developing around the globe and comprises expert summaries of 29 countries' anticorruption laws and enforcement policies plus, contributions from Transparency International and the OECD. Topics covered include: foreign and domestic bribery, financial record keeping, liability and sanctions. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners around the world. As well as in-depth comparative study of the topic from the perspective of leading experts, there are also editorial chapters covering anti-corruption developments affecting Latin America's mining industry; combating corruption in the banking industry - the Indian experience; calculating penalties; risk and compliance management systems; corporates and UK compliance - the way ahead; current progress in anti-corruption enforcement; and finally a global overview. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P

Bribery and Corruption

Bribery and Corruption PDF

Author: Brian P. Loughman

Publisher: John Wiley & Sons

Published: 2011-10-20

Total Pages: 432

ISBN-13: 1118166205

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As businesses continue to expand globally into new and emerging markets, bribery and corruption risks have increased exponentially. Bribery and Corruption offers a comprehensive look at this growing problem, and at the Foreign Corrupt Practices Act (FCPA) and other international anti-bribery and corruption conventions. Presenting hypothetical examples of situations companies will face, along with practical solutions, the book offers detailed global guidance on a region and country-specific basis. The FCPA prohibits US companies and their subsidiaries from bribing foreign officials, either directly or indirectly through intermediaries, for the purpose of obtaining or retaining business. It also requires companies to keep accurate records of all business transactions and maintain an effective system of internal accounting controls. Internationally, the Organization of Economic Cooperation and Development's (OECD's) anti-bribery convention has been adopted by 38 countries and creates legally binding standards related to bribery of foreign public officials. Written by renowned accounting fraud experts Richard A. Sibery and Brian P. Loughman, and providing an introduction and overview of the Foreign Corrupt Practices Act (FCPA) and international bribery laws, Bribery and Corruption considers: How to conduct FCPA risk assessments and investigations How to consider FCPA specific financial controls How to implement an FCPA compliance program and how to measure FCPA compliance The risk of bribery and corruption continues to be an area of concern for companies around the world, but armed with Bribery and Corruption, it is easier than ever to understand the challenges that exist and how to deal with them.

How Corruption and Anti-Corruption Policies Sustain Hybrid Regimes

How Corruption and Anti-Corruption Policies Sustain Hybrid Regimes PDF

Author: Oksana Huss

Publisher: BoD – Books on Demand

Published: 2020-10-27

Total Pages: 408

ISBN-13: 3838214307

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Leaders of hybrid regimes in pursuit of political domination and material gain instrumentalize both hidden forms of corruption and public anti-corruption policies. Corruption is pursued for different purposes including cooperation with strategic partners and exclusion of opponents. Presidents use anti-corruption policies to legitimize and institutionalize political domination. Corrupt practices and anti-corruption policies become two sides of the same coin and are exercised to maintain an uneven political playing field. This study combines empirical analysis and social constructivism for an investigation into the presidencies of Leonid Kuchma (1994–2005), Viktor Yushchenko (2005–2010), and Viktor Yanukovych (2010–2014). Explorative expert interviews, press surveys, content analysis of presidential speeches, as well as critical assessment of anti-corruption legislation are used for comparison and process tracing of the utilization of corruption under three Ukrainian presidents.

The EU Anti-Corruption Report

The EU Anti-Corruption Report PDF

Author: Andi Hoxhaj

Publisher: Routledge

Published: 2019-10-16

Total Pages: 218

ISBN-13: 1351369652

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This book analyses the development of anti-corruption as a policy field in the European Union with a particular focus on the EU Anti-Corruption Report. It reconstructs the origins of anti-corruption policy in the 1990s when the EU started to recognise corruption as a serious crime with a cross-border dimension. It also analyses the processes surrounding the downfall of the Santer Commission on charges of corruption in 1999 and the enlargement of the EU. This incorporation of transitional new Member States was accompanied by a number of specific measures, instruments and monitoring mechanisms to combat corruption at the supranational level, finally leading to the introduction of the EU-wide Anti-Corruption Report in 2014. The book presents an in-depth analysis of its implementation, abandonment and the way forward under the European Semester as the new instrument for achieving EU anti-corruption reforms. It offers a new interpretation of the Report as a form of reflexive governance that operates at multiple levels and involves not only the European institutions and national governments, but also the role of civil society actors in the process of developing anti-corruption policy. It applies the theory of reflexive governance in analysing the impact of the Report in the UK, Romania and Albania, including the involvement of non-state actors in anti-corruption policy making in these countries. The book concludes with a discussion on how future EU Anti-Corruption policy can make use of reflexive governance and offers recommendations to enhance anti-corruption policies of the EU, the Member States and Candidate States.

Anti-bribery Laws in Common Law Jurisdictions

Anti-bribery Laws in Common Law Jurisdictions PDF

Author: Stuart H. Deming

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 498

ISBN-13: 0199737711

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Deming provides a comprehensive analysis of the foreign bribery laws, and related laws and regulations, in all of the major common law jurisdictions. For each jurisdiction, careful attention is given to laws that may expose an individual or entity to private or commercial bribery in foreign settings as well as to the application of laws relating to money laundering and accounting and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organisation.

A Guide to Sustainable Corporate Responsibility

A Guide to Sustainable Corporate Responsibility PDF

Author: Caroline D. Ditlev-Simonsen

Publisher: Springer Nature

Published: 2022

Total Pages: 285

ISBN-13: 3030882039

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This open access book discusses the challenges and opportunities faced by companies in an age that increasingly values sustainability and demands corporate responsibility. Beginning with the historical development of corporate responsibility, this book moves from academic theory to practical application. It points to ways in which companies can successfully manage their transition to a more responsible, sustainable way of doing business, common mistakes to avoid and how the UN Sustainable Development Goals are integral to any sustainability transformation. Practical cases illustrate key points. Drawing on thirty years of sustainability research and extensive corporate experience, the author provides tools such as a Step-by-Step strategic guide on integrating sustainability in collaboration with stakeholders including employees, customers, suppliers and investors. The book is particularly relevant for SMEs and companies operating in emerging markets. From a broader perspective, the value of externalities, full cost pricing, alternative economic theories and circular economy are also addressed.

The Transnationalization of Anti-Corruption Law

The Transnationalization of Anti-Corruption Law PDF

Author: Régis Bismuth

Publisher: Taylor & Francis

Published: 2021-05-27

Total Pages: 585

ISBN-13: 1000389820

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The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.