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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
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Between Impunity and Imperialism - The Regulation of Transnational Bribery (Hardcover)
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Between Impunity and Imperialism - The Regulation of Transnational Bribery (Hardcover)
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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.
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