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Transnational Corruption And Corporations

Author: Simeon Obidairo
Publisher: Routledge
ISBN: 1317006992
Size: 62.27 MB
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What are the challenges to the prevention of transnational bribery by multinational corporations in international business transactions? This book examines two particular constraints operating on the regulation of transnational corruption in general and bribery in particular. Firstly, it explores the limits of international cooperation in the regulation of transnational corruption and highlights the disparities between the capacities of individual states to pursue adequate regulation. It also considers the role and progress of international bodies such as the OEDC and the response of selected domestic legal systems in tackling the problem. Secondly, the book examines the liability regime for corporations and again, highlights an unexpected shortcoming of multilateral policy in the administration and enforcement of international agreements. The book will be of value both to students and researchers with an interest in the regulation of transnational corruption as well as policy-makers and practitioners working in this area.

Regulating Corporate Bribery In International Business

Author: Nicholas Lord
Publisher: Routledge
ISBN: 1317068858
Size: 70.13 MB
Format: PDF, ePub
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This book is about the regulation of corporations that use bribery in international commerce to win or maintain overseas business contracts and interests. Recent large-scale cases involving multinational corporations demonstrate how large commercial ’non-criminal’ enterprises are being implicated in substantive overseas bribery scandals and illustrate the difficulties faced by responsible enforcement authorities in the UK and Germany. The book imports concepts from regulation theory to aid our understanding of the emerging enforcement, self-regulatory and hybrid responses to transnational corporate bribery. Lord implements a qualitative, comparative research strategy involving semi-structured interviews, participant observation and document analysis to provide empirical insights into this relatively invisible area of criminological interest. Despite significant cultural differences between the jurisdictions, this book argues that UK and German anti-corruption authorities face procedural, evidential, legal, financial and structural difficulties that are leading to convergence in prosecution policies. Although self-regulatory and hybrid mechanisms are aiding the response and gaining some level of regulation, the default position is one of accommodation by state agencies, even where the will to enforce the law is high. This book is essential reading for academics and students researching corporate and white-collar crimes and the concept of regulation more generally, as well as law enforcement agencies and international and intergovernmental organisations concerned with anti-corruption.

Regulating Global Corporate Capitalism

Author: Sol Picciotto
Publisher: Cambridge University Press
ISBN: 1139502913
Size: 75.57 MB
Format: PDF, ePub
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This analysis of how multi-level networked governance has superseded the liberal system of interdependent states focuses on the role of law in mediating power and shows how lawyers have shaped the main features of capitalism, especially the transnational corporation. It covers the main institutions regulating the world economy, including the World Bank, the IMF, the WTO and a myriad of other bodies, and introduces the reader to key regulatory arenas: corporate governance, competition policy, investment protection, anti-corruption rules, corporate codes and corporate liability, international taxation, avoidance and evasion and the campaign to combat them, the offshore finance system, international financial regulation and its contribution to the financial crisis, trade rules and their interaction with standards especially for food safety and environmental protection, the regulation of key services (telecommunications and finance), intellectual property and the tensions between exclusive private rights and emergent forms of common and collective property in knowledge.

The Inter American Convention Against Corruption

Author: Carlos A. Manfroni
Publisher: Lexington Books
ISBN: 9780739105481
Size: 63.42 MB
Format: PDF, ePub
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This work examines and comments on the first international agreement aimed exclusively at fighting corruption in the Western Hemisphere. It explains the sense and consequences of each specific commitment, adopted by the countries belonging to the Organization of American States.

Debates Of Corruption And Integrity

Author: P. Hardi
Publisher: Springer
ISBN: 1137427647
Size: 67.79 MB
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Two aspects link together the notions of corruption and integrity from an epistemological perspective: the complexity of defining the two notions, and their richness in forms. This volume brings together the perspectives of six disciplines - business, political science, law, philosophy, anthropology and behavioural science - to the debate on integrity and corruption. The main goal is to promote a fruitful interdisciplinary dialogue on complex themes such as integrity and corruption in business and politics. The book investigates possible ways in which corruption and integrity apply to everyday practices, ideas and ideologies, and avoids the stigmatizations and oversimplifications that often plague these fields of research.

Transnational Corporations And Human Rights

Author: Olivier De Schutter
Publisher: Bloomsbury Publishing
ISBN: 1847312764
Size: 11.95 MB
Format: PDF, ePub, Docs
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This volume offers a systematic overview of the different tools through which the human rights accountability of transnational corporations may be improved. It first examines the responsibility of States in controlling transnational corporations, emphasizing both the limits imposed by the protection of the rights of investors under investment treaties and the potential of the US Alien Tort Claims Act and other similar extra-territorial legislations. It then turns to self-regulation by transnational corporations, through the use of codes of conduct or international framework agreements. It then discusses recent attempts at the global level to improve the human rights accountability of corporations by the direct imposition on corporations of obligations under international law. Finally, it considers the use of public procurement policies or of conditionalities in the lending policies of multilateral lending institutions in order to incentivize TNCs to behave ethically. Altogether, the book offers a rigorous legal analysis of these different developments and critically appraises their potential.

Corporations And Criminal Responsibility

Author: Celia Wells
Publisher: Oxford University Press on Demand
ISBN: 9780199246199
Size: 28.75 MB
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Gathering ideas from a wide range of literature, this book argues that there is no magic answer to corporate power, to issues of personal safety, and their inter-relationship with criminal law and justice. This edition has been revised and updated, taking account of the burgeoning scholarly literature. Yet, it remains distinctive in combining legal analysis and discussion of law reform debates with a theoretical account of the relationship between legal institutions and the role of risk and blame in shaping criminal law and the practices of the criminal justice system.

Transnational Corporations And International Law

Author: Alice De Jonge
Publisher: Edward Elgar Publishing
ISBN: 0857930397
Size: 19.99 MB
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This well-documented work will appeal to corporate leaders interested in understanding the related practicalities of international corporate liability as well as post-graduate students in international business and international policy studies. Policymakers, academics and researchers interested in a unique perspective on the future of the global corporation as an internationally responsible global citizen will find much to inte rest them in this book.

Regulating Corporate Criminal Liability

Author: Dominik Brodowski
Publisher: Springer
ISBN: 3319059939
Size: 57.48 MB
Format: PDF, Kindle
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Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.

Corporate Social Responsibility Of Multinational Corporations In Developing Countries

Author: Adefolake O. Adeyeye
Publisher: Cambridge University Press
ISBN: 1107378893
Size: 10.72 MB
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The increasing importance of CSR means that companies must consider multi-stakeholder interests as well as the social, political, economic, environmental and developmental impact of their actions. However, the pursuit of profits by multinational corporations has led to a series of questionable corporate actions and the consequences of such practices are particularly evident in developing countries. Adefolake Adeyeye explores how CSR has evolved to aid the anti-corruption campaign. By examining voluntary rules applicable for curbing corruption, particularly bribery and analysing the domestic and extra-territorial laws of Nigeria, United Kingdom and the United States for holding corporations liable for bribery, she assesses the adequacy of international law's approach towards corporate liability for bribery and explores direct corporate responsibility for international corruption. The roles of corporate governance, global governance and civil liability in curbing corporate corrupt practices are given special focus.