1st Edition
The Transnationalization of Anti-Corruption Law
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.
Foreword
Preface
Acknowledgments
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?
Jonathan Bourguignon
7. Chinese multinational corporations’ obligations in the global anti-corruption: levelling the playing field in Africa
Qingxiu Bu
PART II: Traditional methods reconsidered
8. The failure of transnational anti-corruption law: civil law strategies reconsidered
Thomas Kruessmann
9. The proliferation of international anti-corruption initiatives, standards, and guidelines: classification, benefits and shortcomings, future prospects
Vera Cherepanova
10. In the ocean of anti-corruption compliance standards and guidelines: time for codification?
Eduard Ivanov
11. State capture through corruption: how can human rights help?
Jimena Reyes
12. Impact of corruption on the implementation of international law: an international criminal law perspective
Vishal Sharma
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
Nuria González
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
Yueming Yan
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
Biography
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.
Global anti-corruption laws have come (an impressively) long way since the enactment of the U.S. Foreign Corrupt Practices Act. To wit: in less than five decades, a single national law fighting foreign bribery spawned a true transnational application of anti-corruption laws. For practitioners and academics interested in the fascinating field of global anti-corruption laws, this timely, comprehensive and well researched book reviews different jurisdictions, and encourages new thinking and approaches. It is an outstanding read.
Pascale Helene Dubois - Independent International Anti-Corruption Advisor. Adjunct Professor, Georgetown University Law Center. Former VP, Integrity, World Bank Group.
This publication sheds light on some of the cutting-edge issues raised by the globalisation of the fight again bribery, including: the parameters for multilateral enforcement actions, the way to account for cultural differences in shaping new standards and practices, and the effect of the transnationalization of anticorruption on trade dynamics. Bringing together authors from academia, international organizations, the private sector, as well as civil society organizations, this publication canvasses a wide range of perspectives, providing an invaluable contribution to the discussion.
Patrick Moulette, Head of the OECD Anti-Corruption Division
Elisabeth Danon, Legal Analyst at the OECD Anti-Corruption Division
The book co-edited by Régis Bismuth, Jan Dunin-Wasowicz and Philip Nichols is not only a recognition of how the anti-corruption landscape has evolved in the last twenty years but also charts some of the current and future challenges. Covering a wide range of different issues and combining the point of view of academics and practitioners, this collective book is a must read for anybody interested in understanding how corruption has become contrary to transnational public policy and what does this entails. But, further than that, it also indicates a path for the public international law of the XXIst century. An international law based on a combination of treaty law, jurisprudence and new forms of so called "soft" law through the adoption of instruments which, while non legally binding, represent politically stringent commitments difficult to ignore.
Nicola Bonucci, Paul Hastings LLP, Former OECD General Counsel
