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.
Régis Bismuth is Professor of Law at Sciences Po Law School, France.
Jan Dunin-Wasowicz is an anti-corruption and arbitration associate, Hughes Hubbard & Reed LLP, Paris, France.
Philip M. Nichols is the Joseph Kolodny Professor of Social Responsibility in Business and Professor of Legal Studies and Business Ethics at the Wharton School, University of Pennsylvania, USA.
List of abbreviations
1. The transnationalization of anti-corruption law: an introduction and overview
Régis Bismuth, Jan Dunin-Wasowicz, and Philip M. Nichols
PART I: International, regional and domestic sources of anti-corruption law: eclecticism or convergence?
2. The Americanization of international anti-corruption: the influence of the FCPA on the OAS and OECD conventions
Elitza Katzarova and Jessica Ansart
3. Toward an interest group theory of foreign anti-corruption laws
Sean J. Griffith and Thomas H. Lee
4. Never waste a crisis: anti-corruption reforms in South America
Rachel Brewster and Andres Ortiz
5. The relevance of moral arguments against foreign bribery: Israel as a case study
Tamar Hostovsky Brandes
6. France's new approach towards extraterritoriality in anti-corruption law: paving the way for a protective principle in economic matters?
7. Chinese multinational corporations' obligations in the global anti-corruption: levelling the playing field in Africa
PART II: Traditional methods reconsidered
8. The failure of transnational anti-corruption law: civil law strategies reconsidered
9. The proliferation of international anti-corruption initiatives, standards, and guidelines: classification, benefits and shortcomings, future prospects
10. In the ocean of anti-corruption compliance standards and guidelines: time for codification?
11. State capture through corruption: how can human rights help?
12. Impact of corruption on the implementation of international law: an international criminal law perspective
PART III: The new frontiers of compliance
13. Whistleblower protection: the next frontier in the transnationalization of anti-corruption law
Leah Ambler and Claire Leger
14. The contract as anti-corruption platform for the global corporate sector
Jeffrey R. Boles
15. Linear and non-linear modeling techniques in transnational corruption risk assessment
Robert E. Clark
16. Transnationalization of anti-corruption trainings
PART IV: Anti-corruption considerations in international dispute resolution
17. Methodologies for proving corruption in arbitration: uses and limitations of red flags
Lucinda A. Low
18. The World Bank Group in international dispute resolution of fraud and corruption: examining the practice and jurisprudence of the Sanctions Board and ICSID arbitral tribunals
Anna Lorem Ramos and Charlene Valdez Warner
19. References to international anti-corruption conventions in international investment arbitration and international investment agreements
PART V: Challenges in the transnational enforcement of anti-corruption laws
20. The global diffusion of DPAs: the not so functional remaking of the rules against business corruption
Simon St-Georges and Denis Saint-Martin
21. The impact of blocking statutes on the enforcement of anti-corruption laws
Stéphane Bonifassi and Caroline Goussé
22. The search for synergies: the utopian ideal of cooperation between international anti-corruption mechanisms
Camila Florencia Tort
23. In search of a tailored approach to anti-corruption sanctions in the international development context: financial remedies by the multilateral development banks
Alexandra Manea and Jamieson Smith