New PDF release: Anti-Corruption Policy: Can International Actors Play a

By Susan Rose-Ackerman, Paul D. Carrington

ISBN-10: 1611633036

ISBN-13: 9781611633030

Overseas firms many times comprise anti-corruption efforts into their reliable governance courses. An OECD treaty outlaws the bribery of overseas public officers, and the United countries has promulgated a broad-based anti-corruption treaty. The arbitral procedure for overseas dispute solution more and more confronts allegations of corruption. students are commencing to rfile the prices of corruption for the electorate of constructing nations and for the integrity of overseas enterprise dealings.

The editors, Susan Rose-Ackerman and Paul D. Carrington collect a various staff of authors to guage those ongoing anti-corruption efforts and to contemplate even if new instructions are warranted. After Rose-Ackerman's advent, contributions by means of global financial institution staffers summarize the guarantees and demanding situations of fine governance courses in overseas monetary associations. the following part bargains with different overseas actors, equivalent to civil society, company, and the media. One bankruptcy questions even if democracies will continuously help the anti-corruption time table. the quantity then considers the strengths and weaknesses of present anti-corruption treaties and assesses the position of the monetary motion activity strength. The final part confronts the overlapping roles of private and non-private legislation within the keep an eye on of transnational bribery. Chapters talk about the area Bank's sanctioning method and the prestige of contracts tainted by means of bribery, in particular ones which are the topic of overseas arbitration. the amount concludes with Carrington's inspiration for increasing foreign deepest legislations treatments for combating corruption.

Contributors: Kevin E. Davis, John Dugard, Roberto de Michele, Pascale Hélène Dubois & Aileen Elizabeth Nowlan, international 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.

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Extra resources for Anti-Corruption Policy: Can International Actors Play a Constructive Role?

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Org/. 36. De Michelle, chapter 12, this volume. rose-ackerman/carrington 01 auto 2/15/13 11:46 AM Page 23 1 · INTRODUCTION 23 OECD Convention came into force in 1999 and builds on the US Foreign Corrupt Practices Act of 1977. 37 The OECD Treaty is monitored by a Working Group whose only sanction is bad publicity. Nevertheless, its actions appear to be having an impact. The United States remains the most active enforcer of the OECD Treaty, but other countries are beginning to bring cases, and the extra-territorial reach of the US law is broad.

48 In the alternative, he suggests an expanded mandate for arbitrators to accept submissions from amici curiae that provide evidence of corruption. However, even with this reform, arbitrators could not influence state governance structures directly. They would simply invalidate contracts on the basis of evidence that corruption tainted the original deal. Carrington’s ultimate goal is to increase the cost of paying and receiving bribes. Even if a country’s criminal justice system is weak or corrupted, an arbitral decision that invalidates a contract— or awards damages to a successor government— ought to deter kickbacks up front.

42 He worries that they may set act in ways that do not reflect domestic priorities in states where high-level corruption is pervasive. He also argues that if a state relies too heavily on international institutions to further anti-corruption aims, it may fail to reform internally. International solutions need to be accountable to the public in deciding where and how to intervene. However, even on their own terms, the international instruments have weaknesses. None has strong international legal mechanisms for controlling corruption that crosses national borders.

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Anti-Corruption Policy: Can International Actors Play a Constructive Role? by Susan Rose-Ackerman, Paul D. Carrington

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