Will the Anti-corruption Chapter in the TPP11 Work? Assessing the Role of Trade Law in the Fight Against Corruption Through International Law

Villarino, José-Miguel Bello y

doi:10.1163/9789004423268_003

Cited by 3 publications

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“…262 From then on, the United States pressed for the expansion of the criminalization of bribery to level the playing field of regulatory standards worldwide, so that U.S. companies, already subject to the FCPA, would not compete under unequal conditions in the globalized environment. 263 This effort led to the OECD Convention, known as the "global FCPA," 264 which came into force in 1999, mandating reforms in countries' domestic laws to criminalize bribery of foreign public officials by individuals and entities. 265 Later, the UN Convention, which entered into force in 2005, required signatory countries to establish liability for legal entities not only for bribery but also for involvement in various corruption offenses outlined in this Convention.…”

Section: The Story Told: the Iacr's Role In Corporate Liability And I...mentioning

confidence: 99%

The Evolution of the Incentives for Anti-Corruption Corporate Compliance Programs in the International Legal Order

Viol

2024

Int’l J. L. Ethics Tech.

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The corporate compliance programs have proliferated worldwide in the last two decades. This innovative study explores the role of the International Anti-Corruption Regime (IACR) in this phenomenon. Analyzing documents from 18 international actors, it identifies 52 directly promoting compliance programs, beginning in 2002, after the regime’s 1996 inception. These promotions are primarily in non-binding instruments, which present compliance programs as an anti-corruption strategy for business, government, and collective actions. This mapping reveals a transition in the IACR’s inception of these programs, starting from a bribery-focused to a broader anti-corruption approach, and more recently endorsing a connection with the Environmental, Social, and Governance (ESG) agenda. This article also offers insights about the link between the IACR and countries' legal reforms promoting compliance. Shedding light on compliance program evolution within the IACR, the study contributes to understanding the strategy’s rise and to an emerging legal scholarship in international compliance studies. Keywords: International Law, Anti-Corruption, Corporate Compliance Programs, Legal Incentives

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Section: The Story Told: the Iacr's Role In Corporate Liability And I...mentioning

confidence: 99%

The Evolution of the Incentives for Anti-Corruption Corporate Compliance Programs in the International Legal Order

Viol

2024

Int’l J. L. Ethics Tech.

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Anti-Corruption Laws and Investment Treaty Arbitration: An Asian Perspective

Reyes,

Haechler

2024

Asia in Transition

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There are multiple international agreements that require states to criminalise corruption. This chapter deals with the effects of such international anti-corruption agreements in the field of investment treaty arbitration. Focus will be placed on Asia. This Asian perspective is pertinent given the continued prevalence of corruption in many Asian jurisdictions, despite their growing economic importance. International agreements on corruption and their implementation in domestic law can have an unintended consequence in the field of investment treaty arbitration. This is because anti-corruption laws can provide states with an effective defence against an arbitral tribunal’s jurisdiction. This chapter concludes with a proposal on how this consequence can be tempered by applying to international investment law the more nuanced approach to illegality established in recent common law jurisprudence. The article will be divided into four sections. Section 4.2will survey multilateral and bilateral international agreements on corruption. Section 4.3 will discuss how international agreements on corruption have been implemented in the domestic laws of various Asian jurisdictions. It will consider differences in anti-corruption laws of Asian states and comment on whether such differences give rise to uncertainty as to the scope of corruption crimes. Section 4.4 will look into how host states can use anti-corruption laws as a means of evading the scrutiny by arbitral tribunals of confiscatory conduct. Section 4.5 will argue that the ‘all or nothing’ approach to investments tainted with corruption should be replaced with a balancing approach to illegality.

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Measuring Corruption: A Critical Analysis of the Existing Datasets and Their Suitability for Diachronic Transnational Research

Villarino

2021

Soc Indic Res

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Will the Anti-corruption Chapter in the TPP11 Work? Assessing the Role of Trade Law in the Fight Against Corruption Through International Law

Cited by 3 publications

References 0 publications

The Evolution of the Incentives for Anti-Corruption Corporate Compliance Programs in the International Legal Order

The Evolution of the Incentives for Anti-Corruption Corporate Compliance Programs in the International Legal Order

Anti-Corruption Laws and Investment Treaty Arbitration: An Asian Perspective

Measuring Corruption: A Critical Analysis of the Existing Datasets and Their Suitability for Diachronic Transnational Research

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