ABSTRACT

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.

chapter |28 pages

The transnationalization of anti-corruption law

An introduction and overview

part I|172 pages

International, regional, and domestic sources of anti-corruption law: eclecticism or convergence?

chapter |33 pages

The Americanization of international anti-corruption

The influence of the FCPA on the OAS and OECD conventions

chapter |35 pages

Never waste a crisis

Anti-corruption reforms in South America

chapter |18 pages

France’s new approach towards extraterritoriality in anti-corruption law

Paving the way for a protective principle in economic matters?

chapter |28 pages

Chinese multinational corporations’ obligations in the global anti-corruption arena

Levelling the playing field in Africa

part II|104 pages

Traditional methods reconsidered

chapter |18 pages

The failure of transnational anti-corruption law

Civil law strategies reconsidered

chapter |22 pages

The proliferation of international anti-corruption initiatives, standards, and guidelines

Classification, benefits and shortcomings, future prospects

chapter |24 pages

State capture through corruption

How can human rights help?

chapter |18 pages

Impact of corruption on the implementation of international law

An international criminal law perspective

part III|92 pages

The new frontiers of compliance

part IV|70 pages

Anti-corruption considerations in international dispute resolution

part V|82 pages

Challenges in the transnational enforcement of anti-corruption laws

chapter |21 pages

The global diffusion of DPAs

The not so functional remaking of the rules against business corruption

chapter |23 pages

The search for synergies

The utopian ideal of cooperation between international anti-corruption mechanisms

chapter |21 pages

In search of a tailored approach to anti-corruption sanctions in the international development context

Financial remedies by the multilateral development banks