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What are the challenges to the prevention of transnational bribery by multinational corporations in international business transactions? This book examines two particular constraints operating on the regulation of transnational corruption in general and bribery in particular. Firstly, it explores the limits of international cooperation in the regulation of transnational corruption and highlights the disparities between the capacities of individual states to pursue adequate regulation. It also considers the role and progress of international bodies such as the OEDC and the response of selected domestic legal systems in tackling the problem. Secondly, the book examines the liability regime for corporations and again, highlights an unexpected shortcoming of multilateral policy in the administration and enforcement of international agreements. The book will be of value both to students and researchers with an interest in the regulation of transnational corruption as well as policy-makers and practitioners working in this area.
​This book articulates and explores the realities of contemporary international anti-corruption law. As corruption has increasingly become a major topic in international affairs, Liu analyzes the global collaboration against transnational bribery. As China's economic reforms are increasingly articulated in a language of law, governmentality, and anti-corruption, it is essential that scholars, policymakers and legal theorists around the world understand the issues at stake. In this elegant text, Liu lays out the issues clearly, establishes methodologies for analysis, and provides policy proposals for the years to come.
The increasing importance of corporate social responsibility (CSR) means that companies must consider multi-stakeholder interests as well as the social, political, economic, environmental and developmental impact of their actions. However, the pursuit of profits by multinational corporations has led to a series of questionable corporate actions and the consequences of such practices are particularly evident in developing countries. Adefolake O. Adeyeye explores how CSR has evolved to aid the anti-corruption campaign. By examining voluntary rules applicable for curbing corruption, particularly bribery and analysing the domestic and extra-territorial laws of Nigeria, the United Kingdom and the United States for holding corporations liable for bribery, she assesses the adequacy of international law's approach towards corporate liability for bribery and explores direct corporate responsibility for international corruption. The roles of corporate governance, global governance and civil liability in curbing corporate corrupt practices are given special focus.
This book offers new ways of thinking about corruption by examining the two distinct ways in which policy approaches and discourse on corruption developed in the UN and the OECD. One of these approaches extrapolated transnational bribery as the main form of corrupt practices and advocated a limited scope offense, while the other approach tackled the broader structure of the global economic system and advocated curbing the increasing power of multinational corporations. Developing nations, in particular Chile, initiated and contributed much to these early debates, but the US-sponsored issue of transnational bribery came to dominate the international agenda. In the process, the ‘corrupt corporation’ was supplanted by the ‘corrupt politician’, the ‘corrupt public official’ and their international counterpart: the ‘corrupt country’. This book sheds light on these processes and the way in which they reconfigured our understanding of the state as an economic actor and the multinational corporation as a political actor.
Compliance in Multinational Corporations explores phenomena such as bribery, money laundering, and terrorism financing. Including an empirical analysis of 100 expert interviews, it takes an innovative look at the perspectives of criminals and compliance experts to provide a long-lasting guide for compliance experts.
It is common practice to assume that business practices are universally similar. Business and social attitudes to corruption, however, vary according to the wide variety of cultural norms across the countries of the world. International business involves complex, ethically challenging, and sometimes threatening, dilemmas that can involve political and personal agendas. Corruption in International Business presents a broad range of perspectives on how corruption can be defined; the responsibilities of those working for publicly traded companies to their shareholders; and the positive influences that corporations can have upon combating international corruption. The authors differentiate between public and private sector corruption and explore the implications of both, as well as methods for qualifying and quantifying corruption and the challenges facing policy makers, legal systems, corporations, and NGOs, as they seek to mitigate the effects of corruption and enable cultural and social change.
Contemporary transnational criminals take advantage of globalization, trade liberalization, and emerging new technologies to commit a diverse range of crimes. By moving money, goods, services, and people instantaneously they are able to serve purposes of pure economic gain or political violence. This book examines the rise of international economic crime and recent strategies to combat it in the United States and abroad. Focusing on the role of international relations, it draws from case studies in a diverse range of criminality from money laundering to tax evasion. Newly revised and expanded, the second edition of International White Collar Crime incorporates recent developments and updated case studies. New chapters on environmental crimes and securities enforcement under the Dodd–Frank Act continue to make it an essential tool for practicing business, law, and law enforcement.
The recently-adopted OECD convention outlawing bribery of foreign public officials is welcome evidence of how much progress has been made in the battle against corruption. The financial crisis in East Asia is an indication of how much remains to be done. Corruption is by no means a new issue but it has only recently emerged as a global issue. With the end of the Cold War, the pace and breadth of the trends toward democratization and international economic integration accelerated and expanded globally. Yet corruption could slow or even reverse these trends, potentially threatening economic development and political stability in some countries. As the global implications of corruption have grown, so has the impetus for international action to combat it. In addition to efforts in the OECD, the Organization of American States, the World Trade Organization, and the United Nations General Assembly, the World Bank and the International Monetary Fund have both begun to emphasize corruption as an impediment to economic development. This book includes a chapter by the Chairman of the OECD Working Group on Bribery discussing the evolution of the OECD convention and what is needed to make it effective. Other chapters address the causes and consequences of corruption, including the impact on investment and growth and the role of multinational corporations in discouraging bribery. The final chapter summarizes and also discusses some of the other anticorruption initiatives that either have been or should be adopted by governments, multilateral development banks, and other international organizations.
Descreve como a corrupção é julgada na arbitragem comercial internacional. Procura explicar porque não há uma uniformidade na política arbitral em relação à corrupção. Analisa casos relativos à corrupção e arbitragem. Examina a legislação sobre corrupção, assim como convenções internacionais relevantes.