Download or read book Modern Bribery Law written by Jeremy Horder and published by Cambridge University Press. This book was released on 2013-04-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This critical analysis of the Bribery Act 2010 provides international and EU comparisons and evaluates its enforcement and asset-recovery prospects.
Download or read book Modern Bribery Law written by Jeremy Horder and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade"--
Download or read book Between Impunity and Imperialism written by Kevin E. Davis and published by Oxford University Press, USA. This book was released on 2019 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses a series of high-profile cases to illustrate the key elements of transnational bribery law. It analyzes the law through the lenses of two competing theoretical approaches: the OECD paradigm and the anti-imperialist critique. It ultimately defends an alternative distinctively inclusive and experimentalist approach to transnational bribery law.
Download or read book Between Impunity and Imperialism written by Kevin E. Davis and published by Oxford University Press. This book was released on 2019-07-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Impact of Corruption on International Commercial Contracts written by Michael Joachim Bonell and published by Springer. This book was released on 2015-08-29 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
Download or read book Anti Corruption Regulation written by Homer E Moyer Jr and published by Law Business Research Ltd.. This book was released on 2017-03-28 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-Corruption Regulation, edited by Homer E Moyer Jr of Miller & Chevalier Chartered, captures the growing anti-corruption jurisprudence that is developing around the globe and comprises expert summaries of 29 countries' anticorruption laws and enforcement policies plus, contributions from Transparency International and the OECD. Topics covered include: foreign and domestic bribery, financial record keeping, liability and sanctions. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners around the world. As well as in-depth comparative study of the topic from the perspective of leading experts, there are also editorial chapters covering anti-corruption developments affecting Latin America's mining industry; combating corruption in the banking industry - the Indian experience; calculating penalties; risk and compliance management systems; corporates and UK compliance - the way ahead; current progress in anti-corruption enforcement; and finally a global overview. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P
Download or read book Anti bribery Laws in Common Law Jurisdictions written by Stuart H. Deming and published by Oxford University Press, USA. This book was released on 2014 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deming provides a comprehensive analysis of the foreign bribery laws, and related laws and regulations, in all of the major common law jurisdictions. For each jurisdiction, careful attention is given to laws that may expose an individual or entity to private or commercial bribery in foreign settings as well as to the application of laws relating to money laundering and accounting and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organisation.
Download or read book Modern Bribery Law written by Jeremy Horder and published by Cambridge University Press. This book was released on 2013-04-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.
Download or read book Bribery and Extortion written by Alexandra Addison Wrage and published by Bloomsbury Publishing USA. This book was released on 2007-09-30 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bribery plays a significant role in international criminal activity. Terrorists pay bribes. Money-launderers pay bribes. Those who traffic in people, narcotics, and illegal arms pay bribes. People pay immigration officers not to ask, customs officials not to inspect, and police officers not to investigate. Bribes follow patterns that are not at all mysterious to the officials, salesmen, and citizens who seek them and pay them. Using a series of international cases, Wrage examines bribery, peeling back the mystique and ambiguity and exposing the very simple transactions that lie beneath. She shows how these seemingly everyday transactions can affect security, democratization, and human aid. Examples from around the world help to illustrate the nature of the problem and efforts at combating it. Bribery plays a significant role in international criminal activity. Terrorists pay bribes. Money-launderers pay bribes. Those who traffic in people, narcotics, and illegal arms pay bribes. People pay immigration officers not to ask, customs officials not to inspect, and police officers not to investigate. At corporate headquarters in the United States, it can be easy to dismiss modest bribes in distant countries as an unfortunate cost of doing business. Bribes follow patterns that are not at all mysterious to the officials, salesmen, and citizens who seek them and pay them. Using a series of international cases, Wrage examines bribery, peeling back the mystique and ambiguity and exposing the very simple transactions that lie beneath. She shows how these seemingly everyday transactions can affect security, democratization, and human aid around the globe. Bribery and Extortion presents a clear picture of the world of bribery and the havoc it can wreak on whole populations. Wrage covers commercial bribery, administrative and service-based bribery, and extortion. She considers bribery and extortion at both high levels of government and lower levels on the street. Examples from around the world help to illustrate the nature of the problem and efforts at combating it. The book concludes with practical suggestions and an assessment of current efforts to stem the tide of bribery and restore transparency to everyday transactions in all realms.
Download or read book Greed Corruption and the Modern State written by Susan Rose-Ackerman and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes the control of corruption so difficult and contested? Drawing on the insights of political science, economics and law, the expert contributors to this book offer diverse perspectives. One group of chapters explores the nature of corruption in democracies and autocracies, and “reforms” that are mere facades. Other contributions examine corruption in infrastructure, tax collection, cross-border trade, and military procurement. Case studies from various regions – such as China, Peru, South Africa and New York City – anchor the analysis with real-world situations. The book pays particular attention to corruption involving international business and the domestic regulation of foreign bribery.
Download or read book Anti Bribery Laws in Common Law Jurisdictions written by Stuart H. Deming and published by Oxford University Press. This book was released on 2014-06-17 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-Bribery Laws in Common Law Jurisdictions provides a comprehensive analysis of the foreign bribery laws and of related laws and regulations in key common law jurisdictions. This book extensively addresses the official guidance associated with the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, and explains the related legal obligations that apply to record-keeping practices and maintaining adequate internal controls. Foreign bribery legislation in Australia, Canada, Ireland, New Zealand, and South Africa are also extensively addressed. Stuart H. Deming also closely focuses on laws that may expose an individual or entity to private or commercial bribery in foreign settings, as well as to the application of laws relating to money laundering, accounting, and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organization for foreign bribery.
Download or read book World of Bribery and Corruption From Ancient Times to Modern Age written by Nau Nihal Singh and published by Mittal Publications. This book was released on 1998-01-01 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Local Law Provisions Under the OECD Anti Bribery Convention written by Elizabeth Spahn and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-bribery enforcement by many different nations increased significantly in the decade since the OECD Anti-Bribery Convention became effective. The Convention, which prohibits bribes to foreign officials to obtain business, is the central legal instrument governing modern anti-bribery efforts in multi-jurisdictional business transactions with 38 signatories from nearly all the wealthiest nations. The OECD Anti-Bribery Convention specifically protects local sovereigns from foreign interference in its internal affairs through the local law provisions which provide that payments permitted or required under the written local laws of the receiving official's sovereign do not constitute illegal bribes under the Convention. Local law provisions are also centrally important for modern corporate compliance legal advice, as global traders seek safer avenues for developing relationships with local officials abroad through legally permitted gifts and hospitality. Harmonizing local law provisions under the Convention involves three major issues. First, reliance on unwritten local customs is explicitly excluded under the Convention. Second, distinguishing between true extortion and mere threats to business advantage is of increasing importance as Russia joins the Convention. Third, the scope of "effective regret" voluntary reporting defenses in the local laws of some nations needs to be harmonized with the Convention. Although several of the 38 current signatories have local law provisions in their domestic implementing laws, only one case has interpreted these provisions to date. In U.S. v. Kozeny (Bourke), a U.S. court adopted a construction of the local law defense which places the U.S. Foreign Corrupt Practices Act in conformity with the OECD Anti-Bribery Convention Commentaries 7 and 8. Two contrasting models of written local laws regulating relationships between foreign traders and local officials are found in the examples of Japan and Hong Kong. Japan provides a graphic user-friendly website with clear, specific regulations regarding gifts and hospitality to its officials. Hong Kong, ranked #1 Free-est from Corruption for 17 straight years by conservative think tank Heritage Foundation, has a modern agency which provides specific rulings regarding acceptable gifts and hospitality within two working days. Increasingly important local law provisions regarding permitted gifts and hospitality generates market demand for dual admission lawyers competent in the laws of multiple jurisdictions, as well as providing an opportunity for local discussions about appropriate relations between local officials and global traders. Local law provisions place the tax, securities and criminal law strength of wealthier nations' legal systems behind the development of more predictable written law in higher risk jurisdictions. The OECD Anti-Bribery Convention ensures that wealthier nations' global traders do not interfere in other sovereigns' internal affairs through bribery in violation of that sovereign's laws. Local law provisions enforce genuine mutual respect among sovereigns while providing global traders a safer path to developing economies.
Download or read book Suspicious Gifts written by Malin Akerstrom and published by Routledge. This book was released on 2017-09-08 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gifts have been given and received in all eras and societies; gifts are part of a universal human exchange. The importance of creating and sustaining social bonds with the help of gifts is widely acknowledged by social scientists, not only from anthropological but also from economic, sociological, and political science perspectives. Contemporary anti-corruption campaigns, however, have led gifts to be viewed with ever-increasing suspicion, because it is feared that the social bonds created by gift giving may contaminate professional decision-making. Suspicious Gifts investigates the sensitive issue of gift exchanges and how they become an object of contention. Malin akerstro;m considers the moral dilemmas presented by bribes and gift giving as experienced by Swedish aid workers and professionals working in the public sector, business, and adoption agencies. She also deals with professionals' interaction with foreign officials or contractors. Often a gift is just that, although sometimes the gift giving may be seen by others as a bribe. akerstro;m highlights the tensions between strict regulations designed to prevent corruption with the human affection for the institution of gift giving. She argues that bribes and gifts are important social phenomena because they are windows into classic sociological and anthropological research issues concerning interaction, social control, exchange, and rituals. This unique analysis will be of keen interest to all sociologists, public officials, and professionals.
Download or read book Public Corruption and the Law written by David H. Hoffman and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
Download or read book Corruption in Commercial Enterprise written by Liz Campbell and published by Routledge. This book was released on 2018-04-17 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection analyses, from multiple disciplinary perspectives, the issue of corruption in commercial enterprise across different sectors and jurisdictions. Corruption is commonly recognised as a major ‘social bad’, and is seriously harmful to society, in terms of the functioning and legitimacy of political-economic systems, and the day-to-day lives of individuals. There is nothing novel about bribes in brown envelopes and dubious backroom deals, ostensibly to grease the wheels of business. Corrupt practices like these go to the very heart of illicit transacting in both legal markets – such as kickbacks to facilitate contracts in international commerce – and illegal markets – such as payoffs to public officials to turn a blind eye to cross-border smuggling. Aside from the apparent pervasiveness and longevity of corruption in commercial enterprise, there is now renewed policy and operational attention on the phenomenon, prompting and meriting deeper analysis. Corruption in commercial enterprise, encompassing behaviours often associated with corporate and white-collar crime, and corruption in criminal commercial enterprise, where we see corruption central to organised crime activities, are major public policy issues. This collection gives us insight into their nature, organisation and governance, and how to respond most appropriately and effectively.
Download or read book The Transnationalization of Anti Corruption Law written by Régis Bismuth and published by Taylor & Francis. This book was released on 2021-05-27 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
