ABSTRACT

Chapter 9 analyses alternative solutions to collective action problems, both in the area of anti-bribery and in other fields. Chapter 9 offers explanations why and when an enforcement system supervised by an arbitration body, an international tribunal and other, solutions (as opposed to national extraterritorial enforcement) could work, and why, and when, they could not work. Moreover, Chapter 9 discusses alternative decentralized enforcement models and other mechanisms, as they function in the area of competition, AML and taxation.

Chapter 9 provides policy and legal reforms proposals. Chapter 9 suggests a decentralized model with the delegation of some enforcement tasks to an external body as the most appropriate governance alternative. Moreover, the chapters recommend, for example, making more use of related economic crimes legislation and the agencies responsible for their enforcement. Policy-makers and national enforcement authorities should build more bridges between the substantively related enforcement regimes in order to better utilize existing enforcement capacity as well as to mitigate the negative effects of extraterritoriality.