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.

OECD Public Integrity Handbook

OECD Public Integrity Handbook PDF

Author: OECD

Publisher: OECD Publishing

Published: 2020-05-20

Total Pages: 208

ISBN-13: 9264536175

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The OECD Public Integrity Handbook provides guidance to government, business and civil society on implementing the OECD Recommendation on Public Integrity. The Handbook clarifies what the Recommendation’s thirteen principles mean in practice and identifies challenges in implementing them.

The Global Anti-Corruption Regime

The Global Anti-Corruption Regime PDF

Author: Hannah Harris

Publisher: Routledge

Published: 2018-09-03

Total Pages: 252

ISBN-13: 1351579649

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This book tackles the challenging topic of corruption. It explores the evolution of a global prohibition regime against corrupt activity (the global anti-corruption regime). It analyses the structure of the transnational legal framework against corruption, evaluating the impact of global anti-corruption efforts at a national level. The book focuses on the United Nations Convention against Corruption (UNCAC) as the primary tool of the global anti-corruption regime. It provides new and engaging material gathered in the field, including first-hand accounts from actors at international, regional, and domestic levels. By documenting the experiences of diverse actors, the book makes a substantial contribution to literature on corruption and anti-corruption efforts. Synthesising empirical research with an exploration of theoretical literature on corruption and regime evolution results in novel suggestions for improvement of the global anti-corruption regime and its legal tools. The Global Anti-Corruption Regime is a well-rounded text with a wealth of new information that will be valuable to both academic and policy audiences. It clarifies the factors that prevent current anti-corruption efforts from successfully eliminating corrupt activity and applies the five-stage model of global prohibition regime evolution to the global anti-corruption regime. It will be of interest to researchers, academics, policymakers, and students interested in anti-corruption law, comparative law, transnational criminal law, international law, international relations, politics, economics, and trade.

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 Transnationalization of Anti-Corruption Law

The Transnationalization of Anti-Corruption Law PDF

Author: Régis Bismuth

Publisher: Routledge

Published: 2021-05-27

Total Pages: 399

ISBN-13: 1000389855

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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.

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

Fighting Fraud and Corruption at the World Bank

Fighting Fraud and Corruption at the World Bank PDF

Author: Stefano Manacorda

Publisher: Springer

Published: 2018-05-04

Total Pages: 172

ISBN-13: 3319738240

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This book focuses on the World Bank’s sanctions system, which is an innovative instrument of global governance implemented by the leading multilateral development bank in order to impose penalties on legal entities and individuals that are involved in Bank-financed projects. Although similar regimes have also been implemented by other regional multilateral development banks, the World Bank’s legal framework is currently the most comprehensive one. The book offers a rich and detailed analysis of the sanctions system, presenting an in-depth examination of all the phases of its procedure with a special focus on key aspects such as the criteria for assigning liability to legal entities and corporate groups, as well as the World Bank’s jurisdictional reach over non-contractors. The book also explores the compatibility between the legal framework implemented by the Bank and the rule of law, the role of precedents, and the level of due process. It highlights the fact that the sanctions system is currently characterized by a lack of legal guarantees, and that there are compelling reasons for supporting the argument that due process safeguards should be applied to it in their entirety. To that end, the book conducts a thorough analysis of specific procedural aspects such as the right to a hearing, the right to evidence disclosure, the time limit regime, the standard of proof and shift of the burden of proof, the evidential value of a party’s silence, and the consistency and predictability of the World Bank’s sentencing practice. The study is conducted on the basis of a detailed and painstaking examination of the most relevant decisions taken by the Sanctions Board, providing the first-ever commentary on the World Bank’s case law.

Corruption Control in Authoritarian Regimes

Corruption Control in Authoritarian Regimes PDF

Author: Christopher Carothers

Publisher: Cambridge University Press

Published: 2022-04-07

Total Pages: 303

ISBN-13: 1316513289

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Reveals how meaningful corruption control by authoritarian regimes is surprisingly common and follows a different playbook than democratic anti-corruption reform.

International Drivers of Corruption A Tool for Analysis

International Drivers of Corruption A Tool for Analysis PDF

Author: OECD

Publisher: OECD Publishing

Published: 2012-02-23

Total Pages: 110

ISBN-13: 926416751X

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This report introduces an analytical tool to help readers understand how international drivers of corruption affect governance and corruption at the country level. It provides a means for identifying these drivers and suggests opportunities for international actors to to improve governance.