Transnational Corruption and Corporations PDF Download

Author: Simeon Obidairo
Publisher: Routledge
ISBN: 131700700X
Category : Law
Languages : en
Pages : 294

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Book Description
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.

Author: Lianlian Liu
Publisher: Springer
ISBN: 9811311382
Category : Political Science
Languages : en
Pages : 278

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Book Description
​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.

Author: Kevin E. Davis
Publisher: Oxford University Press
ISBN: 0190070811
Category : Law
Languages : en
Pages : 304

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Book Description
When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.

Author: Sharon Eicher
Publisher: CRC Press
ISBN: 1317159225
Category : Business & Economics
Languages : en
Pages : 262

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Book Description
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.

Author: Elitza Katzarova
Publisher: Springer
ISBN: 3319985698
Category : Political Science
Languages : en
Pages : 238

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Book Description
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.

Author: Adefolake Adeyeye
Publisher: Cambridge University Press
ISBN: 1107013623
Category : Business & Economics
Languages : en
Pages : 247

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Book Description
Focusing on anti-corruption as a corporate social responsibility issue, Adefolake O. Adeyeye explores multilateral efforts to curb international corruption.

Author: M. Krambia-Kapardis
Publisher: Springer
ISBN: 1137406437
Category : Business & Economics
Languages : en
Pages : 233

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Book Description
Recent large-scale corporate collapses, such as Lehman Brothers, Enron, Worldcom, and Parmalat, highlight the implosion of traditional models of fraud prevention. By focusing on risk factors at the micro level, they have failed to take into account the broader context in which external auditors operate as well as the crucial importance of such factors as corruption, organizational culture, corporate social responsibility, ethical values, governance, ineffective regulation, and a lack of transparency. Corporate Fraud and Corruption engages readers by showing how evidence-based, multi-level micro and macro analysis of fraud risk and protective factors inform effective fraud prevention, in turn minimizing financial catastrophes. Krambia-Kapardis focuses on her own empirical research into the aetiology of fraud to showcase a holistic approach to fraud prevention. This book also features major case studies from the United States, the United Kingdom, and Australia.

Author: Nicholas Lord
Publisher: Lund Humphries Publishers
ISBN: 9781409470564
Category : Bribery
Languages : en
Pages : 208

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Book Description
This book is about the regulation of corporations that use bribery in international commerce to win or maintain overseas business contracts and interests. The author argues that despite significant cultural differences between the jurisdictions, UK and German anti-corruption authorities face procedural, evidential, legal, financial and structural difficulties that are leading to convergence in prosecution policies. Although self-regulatory and hybrid mechanisms are aiding the response and gaining some level of regulation, the default position is one of accommodation by state agencies, even where the will to enforce the law is high.

Author: Stefano Manacorda
Publisher: Springer Science & Business
ISBN: 331904480X
Category : Social Science
Languages : en
Pages : 533

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Book Description
This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the future. The principle result of the book is a three-pronged Anti-Bribery Corruption Model (so called ABC Model), endorsed by the United Nations, intended as a corruption prevention tool intended to be adopted by private corporations. This work provides a common, research-based standard for anti-bribery compliance programs, with international applications. This work will be of interest to researchers studying Criminology and Criminal Justice, particularly in the areas of organized crime and corruption, as well as related areas like Business Ethics and Comparative International Law.

Author: Dr Nicholas Lord
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409470571
Category : Law
Languages : en
Pages : 215

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Book Description
This book is about the regulation of corporations that use bribery in international commerce to win or maintain overseas business contracts and interests. Recent large-scale cases involving multinational corporations demonstrate how large commercial ‘non-criminal’ enterprises are being implicated in substantive overseas bribery scandals and illustrate the difficulties faced by responsible enforcement authorities in the UK and Germany. The book imports concepts from regulation theory to aid our understanding of the emerging enforcement, self-regulatory and hybrid responses to transnational corporate bribery. Lord implements a qualitative, comparative research strategy involving semi-structured interviews, participant observation and document analysis to provide empirical insights into this relatively invisible area of criminological interest. Despite significant cultural differences between the jurisdictions, this book argues that UK and German anti-corruption authorities face procedural, evidential, legal, financial and structural difficulties that are leading to convergence in prosecution policies. Although self-regulatory and hybrid mechanisms are aiding the response and gaining some level of regulation, the default position is one of accommodation by state agencies, even where the will to enforce the law is high. This book is essential reading for academics and students researching corporate and white-collar crimes and the concept of regulation more generally, as well as law enforcement agencies and international and intergovernmental organisations concerned with anti-corruption.