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The Transnationalization of Anti-Corruption Law

The Transnationalization of Anti-Corruption Law

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032005447
  • 出版时间 January 2023
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9780367853013

List Price: AU$90.06

AU$87.36 Save AU$2.70 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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.

  • Foreword by Patrick Moulette and Elisabeth Danon
    Preface by Paolo Davide Farah
    1. The Transnationalization of Anti-Corruption Law: An Introduction and Overview
    Régis Bismuth, Jan Dunin-Wasowicz and Philip M. Nichols

    PART I: International, Regional and Domestic Sources of Anti-Corruption Law: Eclecticism or Convergence?
    2. The Americanization of International Anti-corruption: The Influence of the FCPA on the OAS and OECD Conventions
    Elitza Katzarova and Jessica Ansart
    3. Toward an Interest Group Theory of Foreign Anti-Corruption Laws
    Sean J. Griffith and Thomas H. Lee
    4. Never Waste A Crisis: Anti-corruption Reforms in South America
    Rachel Brewster and Andres Ortiz
    5. The Relevance of Moral Arguments against Foreign Bribery: Israel as a Case Study
    Tamar Hostovsky Brandes
    6. France’s New Approach Towards Extraterritoriality in Anti-Corruption Law: Paving the Way for a Protective Principle in Economic Matters?
    Jonathan Bourguignon
    7. Chinese Multinational Corporations’ Obligations in the Global Anti-Corruption: Levelling the Playing Field in Africa
    Qingxiu Bu

    PART II: Traditional Methods Reconsidered
    8. The Failure of Transnational Anti-Corruption Law: Civil Law Strategies Reconsidered
    Thomas Kruessmann
    9. The Proliferation of International Anti-Corruption Initiatives, Standards, and Guidelines: Classification, Benefits and Shortcomings, Future Prospects
    Vera Cherepanova
    10. In the Ocean of Anti-Corruption Compliance Standards and Guidelines: Time for Codification?
    Eduard Ivanov
    11. State Capture Through Corruption: How Can Human Rights Help?
    Jimena Reyes
    12. Impact of Corruption on the Implementation of International Law: An International Criminal Law Perspective
    Vishal Sharma

    PART III: The New Frontiers of Compliance
    13. Whistleblower Protection: The Next Frontier in the Transnationalization of Anti-Corruption Law
    Leah Ambler and Claire Leger
    14. The Contract as Anti-Corruption Platform for the Global Corporate Sector
    Jeffrey R. Boles
    15. Linear and Non-Linear Modeling Techniques in Transnational Corruption Risk Assessment
    Robert E. Clark
    16. Transnationalization Of Anti-Corruption Trainings
    Nuria González

    PART IV: Anti-Corruption Considerations in International Dispute Resolution
    17. Methodologies for Proving Corruption in Arbitration: Uses and Limitations of Red Flags
    Lucinda A. Low
    18. The World Bank Group in International Dispute Resolution of Fraud and Corruption: Examining the Practice and Jurisprudence of the Sanctions Board and ICSID Arbitral Tribunals
    Anna Lorem Ramos and Charlene Valdez Warner
    19. References to International Anti-Corruption Conventions in International Investment Arbitration and International Investment Agreements
    Yueming Yan

    PART V: Challenges in the Transnational Enforcement of Anti-Corruption Laws
    20. The Global Diffusion of DPAs: The Not So Functional Remaking of the Rules Against Business Corruption
    Simon St-Georges and Denis Saint-Martin
    21. The Impact of Blocking Statutes on the Enforcement of Anti-Corruption Laws
    Stéphane Bonifassi and Caroline Goussé
    22. The Search for Synergies: The Utopian Ideal of Cooperation between International Anti-Corruption Mechanisms
    Camila Florencia Tort
    23. In Search of a Tailored Approach to Anti-Corruption Sanctions in the International Development Context: Financial Remedies by the Multilateral Development Banks
    Alexandra Manea and Jamieson Smith

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