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Regulating Corporate Bribery in International Business

Regulating Corporate Bribery in International Business
Author: Nicholas Lord
Publisher: Lund Humphries Publishers
Total Pages: 208
Release: 2013-11-28
Genre: Bribery
ISBN: 9781409470564

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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. The author argues that despite significant cultural differences between the jurisdictions, 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.


Regulating Corporate Bribery in International Business

Regulating Corporate Bribery in International Business
Author: Dr Nicholas Lord
Publisher: Ashgate Publishing, Ltd.
Total Pages: 215
Release: 2014-10-28
Genre: Law
ISBN: 1409470571

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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.


Transnational Corruption and Corporations

Transnational Corruption and Corporations
Author: Simeon Obidairo
Publisher: Routledge
Total Pages: 294
Release: 2016-02-11
Genre: Law
ISBN: 131700700X

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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.


Between Impunity and Imperialism

Between Impunity and Imperialism
Author: Kevin E. Davis
Publisher: Oxford University Press
Total Pages: 345
Release: 2019-07-31
Genre: Law
ISBN: 019007082X

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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.


Regulating Corporate Bribery in International Business

Regulating Corporate Bribery in International Business
Author: Nicholas Lord
Publisher: Routledge
Total Pages: 215
Release: 2016-04-08
Genre: Law
ISBN: 1317068866

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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.


Anti-Corruption Regulation

Anti-Corruption Regulation
Author: Homer E Moyer Jr
Publisher: Law Business Research Ltd.
Total Pages: 216
Release: 2017-03-28
Genre:
ISBN: 191237756X

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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


Corruption in International Business

Corruption in International Business
Author: Ms Sharon Eicher
Publisher: Gower Publishing, Ltd.
Total Pages: 262
Release: 2012-08-28
Genre: Business & Economics
ISBN: 1409459926

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It is common practice to assume that business practices are universally similar. Business and social attitudes to corruption, however, vary according to the wide variety of cultural norms across the countries of the world. International business involves complex, ethically challenging, and sometimes threatening, dilemmas that can involve political and personal agendas. Corruption in International Business presents a broad range of perspectives on how corruption can be defined; the responsibilities of those working for publicly traded companies to their shareholders; and the positive influences that corporations can have upon combating international corruption. The authors differentiate between public and private sector corruption and explore the implications of both, as well as methods for qualifying and quantifying corruption and the challenges facing policy makers, legal systems, corporations, and NGOs, as they seek to mitigate the effects of corruption and enable cultural and social change.


Regulating Transnational Corporate Bribery in the UK and Germany

Regulating Transnational Corporate Bribery in the UK and Germany
Author: Nicholas James Lord
Publisher:
Total Pages:
Release: 2012
Genre:
ISBN:

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Large-scale cases involving multi-national corporations such as the BAE Systems and Siemens bribery scandals illustrate the complex organisation of such serious trans-national and multi-jurisdictional crimes. Sovereign states that do not have an active enforcement stance against transnational bribery are facing intense criticism from 'moral entrepreneurs' such as international and intergovernmental anti-corruption bodies. However, the regulation of such crimes faces a key contradiction: as business transactions become more global, enforcement and regulation remain at the local and national level. In short, national authorities are pressured to respond to trans-national corporate bribery using inter-national frameworks for enforcement. This thesis imports regulatory concepts to understand the variety of enforcement (e.g. criminal prosecution, civil sanctioning) and non-enforcement (e.g. self-regulation, accommodation) practices that help explain policy responses to transnational bribery. Comparing these responses in Germany and the UK is a useful empirical focus for examining the strengths and limitations of national enforcement approaches given both jurisdictions inhabit similar institutional contexts for corporate bribery e.g. relatively strong western European economies, fellow members of the EU/G8, subject to international conventions. The research incorporated a qualitative, comparative research strategy that involved semi-structured interviews, participant observation and bilingual document analysis. The research found that despite significant differences (e.g. centralised or decentralised systems, existence of corporate criminal liability, legal cultures), both UK and German anti-corruption authorities (i) face similar difficulties in enforcement as they are limited by their national jurisdictional boundaries and face several procedural, evidential, legal, financial and structural obstacles but (ii) are converging towards similar prosecution policies (e.g. negotiation of civil settlements for corporations). However, in both cases, evidence suggests enforcement and emerging self-regulatory practices are limited in relation to the anti-corruption actors' own estimation of the problem. Therefore, (iii) the default position of the response is an accommodation of corporate bribery, even where the will to enforce is high.


CUTTING OFF THE SUPPLY SIDE OF CORRUPTION

CUTTING OFF THE SUPPLY SIDE OF CORRUPTION
Author: Kartini Laras Makmur
Publisher: GUEPEDIA
Total Pages:
Release:
Genre: Antiques & Collectibles
ISBN: 6232834291

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CUTTING OFF THE SUPPLY SIDE OF CORRUPTION PENULIS: Kartini Laras Makmur Ukuran : 14 x 21 cm ISBN : 978-623-283-429-3 Terbit : Juli 2019 www.guepedia.com Sinopsis: Like any economic transaction, bribery has both demand and supply sides. The demand side of bribery is represented by the recipient, which is mostly public officials, and the supply side is represented by the payer of the bribe, which usually is the private sector. Any system to control corruption requires a variety of measures for attacking corruption from all directions, not only the demand side but also the supply side. This book focuses on a comprehensive approach to combating corruption from the supply side of bribery. The author examines existing legal regimes that regulate commercial bribery at the international level, state domestic regulations to enhancing the ability of multinational companies to fight bribery in international business transactions, as well as approaches might a multinational company take itself to fight corrupt practices in an international business transaction. The book takes the position that it is important to improve international and state-level legal instruments and incentives regarding the supply side for fighting bribery in international transactions. However, this importance should also be accompanied by the implementation of self-regulation since several studies have shown that self-regulation is the best way to reduce the bribery practice of multinational companies. www.guepedia.com Email : [email protected] WA di 081287602508 Happy shopping & reading Enjoy your day, guys


Resolving Foreign Bribery Cases with Non-Trial Resolutions Settlements and Non-Trial Agreements by Parties to the Anti-Bribery Convention

Resolving Foreign Bribery Cases with Non-Trial Resolutions Settlements and Non-Trial Agreements by Parties to the Anti-Bribery Convention
Author: OECD
Publisher: OECD Publishing
Total Pages: 224
Release: 2019-03-10
Genre:
ISBN: 9264677852

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Non-trial resolutions, often referred to as settlements, have been the predominant means of enforcing foreign bribery and other related offences since the entry into force of the OECD Anti-Bribery Convention 20 years ago. The last decade has seen a steady increase in the use of coordinated multi-jurisdictional non-trial resolutions, which have, to date, permitted the highest global amount of combined financial penalties in foreign bribery cases. This study is the first cross-country examination of the different types of resolutions that can be used to resolve foreign bribery cases.