Corruption, International Business Transactions and the OECD

Michael Head, Scott Mann and Simon Kozlina (eds), Transnational Governance: Emerging Models of Global Legal Education (Ashgate, Surrey, 2012) 111-149

64 Pages Posted: 9 Aug 2013

See all articles by John Francis Juriansz

John Francis Juriansz

University of Western Sydney - School of Law

Marina Nehme

UNSW Australia

Date Written: November 1, 2012

Abstract

In 1997, the Organisation for Economic Co-operation and Development (OECD) adopted the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (‘Convention’) which required each member state to make foreign bribery a crime in their respective jurisdictions by transcribing the Convention into domestic legislation. However, by mid-2011 the collective OECD member States (as well as the countries aspiring to OECD membership) have achieved only moderate success in their progressive goal of eradicating foreign bribery in international business transactions within their economic, legal and political jurisdictions. The lack of significant demonstrable success, whether attributable to a flagging commitment to the ambitious goals of the Convention or to the considerable complexities of corruption, has effectively rendered the collective response of the member States unstable and in jeopardy. Transparency International, a self-proclaimed global civil society organisation established to combat corruption, has warned that ‘[u]nless enforcement is sharply increased, existing support could well erode’ (2010b, 8). This chapter considers the scope of the challenge of corruption (part 1), traces aspects of the OECD response to the various challenges of corruption (part 2), highlights the civil cases against bribery (as well as its various defences) (part 3), and sets out various prospects for reform (part 4).

Keywords: Corruption, Bribery, OECD, transparency

JEL Classification: D18, D23, D24, D40, D43, D63, D72, D73, D78, F02, F20, F23, F29, F30, F33, F34, F35, F36, F39, F42

Suggested Citation

Juriansz, John Francis and Nehme, Marina, Corruption, International Business Transactions and the OECD (November 1, 2012). Michael Head, Scott Mann and Simon Kozlina (eds), Transnational Governance: Emerging Models of Global Legal Education (Ashgate, Surrey, 2012) 111-149, Available at SSRN: https://ssrn.com/abstract=2307320

John Francis Juriansz (Contact Author)

University of Western Sydney - School of Law ( email )

Locked Bag 1797
Penrith, NSW 2751
Australia
61(2)96859397 (Phone)
61(2)96859630 (Fax)

HOME PAGE: http://uws.edu.au/staff_profiles/uws_profiles/mr_john_juriansz

Marina Nehme

UNSW Australia ( email )

UNSW Sydney NSW
Kensington, NSW 2052
Australia

HOME PAGE: http://www.law.unsw.edu.au/profile/marina-nehme

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