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.
This book uses a series of high-profile cases to illustrate the key elements of transnational bribery law. It analyzes the law through the lenses of two competing theoretical approaches: the OECD paradigm and the anti-imperialist critique. It ultimately defends an alternative distinctively inclusive and experimentalist approach to transnational bribery law.
What makes the control of corruption so difficult and contested? Drawing on the insights of political science, economics and law, the expert contributors to this book offer diverse perspectives. One group of chapters explores the nature of corruption in democracies and autocracies, and “reforms” that are mere facades. Other contributions examine corruption in infrastructure, tax collection, cross-border trade, and military procurement. Case studies from various regions – such as China, Peru, South Africa and New York City – anchor the analysis with real-world situations. The book pays particular attention to corruption involving international business and the domestic regulation of foreign bribery.
Gifts have been given and received in all eras and societies; gifts are part of a universal human exchange. The importance of creating and sustaining social bonds with the help of gifts is widely acknowledged by social scientists, not only from anthropological but also from economic, sociological, and political science perspectives. Contemporary anti-corruption campaigns, however, have led gifts to be viewed with ever-increasing suspicion, because it is feared that the social bonds created by gift giving may contaminate professional decision-making. Suspicious Gifts investigates the sensitive issue of gift exchanges and how they become an object of contention. Malin akerstro;m considers the moral dilemmas presented by bribes and gift giving as experienced by Swedish aid workers and professionals working in the public sector, business, and adoption agencies. She also deals with professionals' interaction with foreign officials or contractors. Often a gift is just that, although sometimes the gift giving may be seen by others as a bribe. akerstro;m highlights the tensions between strict regulations designed to prevent corruption with the human affection for the institution of gift giving. She argues that bribes and gifts are important social phenomena because they are windows into classic sociological and anthropological research issues concerning interaction, social control, exchange, and rituals. This unique analysis will be of keen interest to all sociologists, public officials, and professionals.
Bribery plays a significant role in international criminal activity. Terrorists pay bribes. Money-launderers pay bribes. Those who traffic in people, narcotics, and illegal arms pay bribes. People pay immigration officers not to ask, customs officials not to inspect, and police officers not to investigate. Bribes follow patterns that are not at all mysterious to the officials, salesmen, and citizens who seek them and pay them. Using a series of international cases, Wrage examines bribery, peeling back the mystique and ambiguity and exposing the very simple transactions that lie beneath. She shows how these seemingly everyday transactions can affect security, democratization, and human aid. Examples from around the world help to illustrate the nature of the problem and efforts at combating it. Bribery plays a significant role in international criminal activity. Terrorists pay bribes. Money-launderers pay bribes. Those who traffic in people, narcotics, and illegal arms pay bribes. People pay immigration officers not to ask, customs officials not to inspect, and police officers not to investigate. At corporate headquarters in the United States, it can be easy to dismiss modest bribes in distant countries as an unfortunate cost of doing business. Bribes follow patterns that are not at all mysterious to the officials, salesmen, and citizens who seek them and pay them. Using a series of international cases, Wrage examines bribery, peeling back the mystique and ambiguity and exposing the very simple transactions that lie beneath. She shows how these seemingly everyday transactions can affect security, democratization, and human aid around the globe. Bribery and Extortion presents a clear picture of the world of bribery and the havoc it can wreak on whole populations. Wrage covers commercial bribery, administrative and service-based bribery, and extortion. She considers bribery and extortion at both high levels of government and lower levels on the street. Examples from around the world help to illustrate the nature of the problem and efforts at combating it. The book concludes with practical suggestions and an assessment of current efforts to stem the tide of bribery and restore transparency to everyday transactions in all realms.
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
From the prizewinning journalist and internationally recognized expert on corruption in government networks throughout the world comes a major work that looks homeward to America, exploring the insidious, dangerous networks of corruption of our past, present, and precarious future. “If you want to save America, this might just be the most important book to read now." —Nancy MacLean, author of Democracy in Chains Sarah Chayes writes in her new book, that the United States is showing signs similar to some of the most corrupt countries in the world. Corruption, she argues, is an operating system of sophisticated networks in which government officials, key private-sector interests, and out-and-out criminals interweave. Their main objective: not to serve the public but to maximize returns for network members. In this unflinching exploration of corruption in America, Chayes exposes how corruption has thrived within our borders, from the titans of America's Gilded Age (Andrew Carnegie, John D. Rockefeller, J. P. Morgan, et al.) to the collapse of the stock market in 1929, the Great Depression, and FDR's New Deal; from Joe Kennedy's years of banking, bootlegging, machine politics, and pursuit of infinite wealth to the deregulation of the Reagan Revolution--undermining this nation's proud middle class and union members. She then brings us up to the present as she shines a light on the Clinton policies of political favors and personal enrichment and documents Trump's hydra-headed network of corruption, which aimed to systematically undo the Constitution and our laws. Ultimately and most importantly, Chayes reveals how corrupt systems are organized, how they enable bad actors to bend the rules so their crimes are covered legally, how they overtly determine the shape of our government, and how they affect all levels of society, especially when the corruption is overlooked and downplayed by the rich and well-educated.
Corruption has played a pivotal role in determining the current state of the world - from mass poverty in developing countries, to the destruction of natural resources and to the erosion of trust in political parties. Laurence Cockcroft here argues that corruption has to be seen as the result of the interplay between elite 'embedded networks', greed and organised crime. He shows how the growth of corruption has been facilitated by globalisation, the integration of new and expanding markets into the world economy, and by the rapid expansion of 'offshore' financial facilities. These facilities provide a home to largely unregulated pools of finance derived from personal fortunes, organised crime and pricing malpractice in international trade. By identifying the main drivers of corruption world-wide and analyzing the current action to control them, this book suggests ways in which the problems caused by corruption can be addressed and ultimately prevented.
