ABSTRACT
Peter Alldridge's assessment formed part of a wider agenda of relocating criminal law, and in relation to bribery and other financial crimes such as insider trading, he proposed reconceiving the field as one of 'crimes against the market'. This chapter explores the multiple aims of contemporary anti-corruption law, tracing the significant impact of international treaties and conventions upon definitions, enforcement powers and legal remedies. It also explores the impact of legal indeterminacy through a case study on the legal status of facilitation payments in Australia, comparing relevant law, policy and practice in the United States and United Kingdom. Through an examination of the history, policies and practices relating to 'facilitation payments', the chapter evaluates the legitimacy of practices designed to 'grease' the wheels of international trade. It explains the impact of legal indeterminacy more generally on law enforcement policies and practices in relation to bribery. Legal scholars commonly claim that legal indeterminacy significantly hampers law enforcement action.
