Extraterritoriality And International Bribery

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Extraterritoriality and International Bribery

Author : Branislav Hock
Publisher : Routledge
ISBN 13 : 0429665482
Total Pages : 272 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Extraterritoriality and International Bribery by : Branislav Hock

Download or read book Extraterritoriality and International Bribery written by Branislav Hock and published by Routledge. This book was released on 2019-09-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a collective action perspective to explain how extraterritoriality functions and assess when, and to what extent, extraterritoriality is effective. A collective action perspective provides a new account of foreign anti-bribery laws and their extraterritorial enforcement that draws on theories discussed in the field of economic governance. Within this framework, the book offers an intensive analysis of US foreign anti-bribery law such as the Foreign Corrupt Practices Act (FCPA), international law as it emanates from the OECD Anti-Bribery Convention, and comparative insights into UK law and German law. To test the theory in practice, the book provides a unique data set of more than 40 foreign anti-bribery enforcement actions conducted by the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), and other examples from comparative jurisdictions. Extraterritoriality and International Bribery is ideal reading for academics and students with an interest in global governance, economic crime, criminology, and law and economics, as well as practitioners concerned with foreign anti-bribery enforcement, including compliance officers, lawyers, investigating and prosecuting authorities, and business leaders. The book also discusses governance alternatives existing outside international anti-bribery law and offers policy and legal reforms proposals. The book suggests a decentralized enforcement model with the delegation of some enforcement tasks to an external body as the most appropriate governance alternative.

Research Handbook on Extraterritoriality in International Law

Author : Austen Parrish
Publisher : Edward Elgar Publishing
ISBN 13 : 1800885598
Total Pages : 519 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Research Handbook on Extraterritoriality in International Law by : Austen Parrish

Download or read book Research Handbook on Extraterritoriality in International Law written by Austen Parrish and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: By engaging with the ongoing discussion surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.

Intimations of Global Anti-Bribery Regime and the Effectiveness of Extraterritorial Enforcement

Author : Branislav Hock
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Intimations of Global Anti-Bribery Regime and the Effectiveness of Extraterritorial Enforcement by : Branislav Hock

Download or read book Intimations of Global Anti-Bribery Regime and the Effectiveness of Extraterritorial Enforcement written by Branislav Hock and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One topic has featured in discussions of bribery of foreign public officials over the last few years - the rise of the broad extraterritorial use of national anti-bribery laws (based on the OECD Anti-Bribery Convention) which might reach domestic or foreign companies anywhere in the world. The problem is that extraterritoriality pushes or even exceeds traditional principles of public international law which may both support and undermine the core values of the international order. In this context, it is still unknown how and to what extent this practice is effective; i.e. whether positive effects of extraterritoriality outweigh negative effects. This paper aims to develop an outline of the effectiveness model of the OECD anti-bribery enforcement regime. It builds on existing theoretical concepts which assess effectiveness of global prohibition regimes. The analysis reveals that on the one hand extraterritoriality has positive effects because the anti-bribery laws are applicable to a widening range of foreign firms coming from jurisdictions where transnational bribery is under-regulated or even not criminalized at all. It can be concluded that increasing number of directly subjected firms, as consequence of the U.S. enforcement leadership, has been reducing the incentives to bribe for any other firm. This is because of indirect effects of these laws on private contractual arrangements which de facto create private implementation processes connected with community enforcement. Consequently, this dynamics also creates incentives for non-enforcers to become active. However, national enforcement authorities often use enforcement strategically to offer domestic companies a competitive edge. Thus, as the OECD anti-bribery regime lacks an enforcement mechanism, extraterritoriality often results in multiple uncoordinated investigations and therefore undermines stability of the anti-bribery enforcement. Extraterritoriality in the context of transnational bribery is a new phenomenon. The paper focuses on anti-bribery law, but much of it also relates to lager issues concerning the role of extraterritoriality in legal and economic globalization and in the evolution of public international law. The paper presents implications for further empirical and doctrinal research.

The Extraterritoriality of Law

Author : Daniel S. Margolies
Publisher : Routledge
ISBN 13 : 1351231979
Total Pages : 357 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis The Extraterritoriality of Law by : Daniel S. Margolies

Download or read book The Extraterritoriality of Law written by Daniel S. Margolies and published by Routledge. This book was released on 2019-03-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise. The book will be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.

Transnational Bribery

Author : Branislav Hock
Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Transnational Bribery by : Branislav Hock

Download or read book Transnational Bribery written by Branislav Hock and published by . This book was released on 2017 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper explores when extraterritorial application of national laws is an appropriate solution to global problems. As a case study, the paper analyzes enforcement of national anti-bribery legislation based on the Anti-Bribery Convention of the Organization for Economic Cooperation and Development (OECD Convention). In recent years, the extraterritorial enforcement of national legislation has increased. The scope of such legislation covers many multinational corporations (MNCs) acting worldwide. While this way of governing MNCs makes it more effective for governments to hold them accountable for a number of global problems they cause, extraterritoriality might serve self-interests of major economies, thus destabilizing markets, principles of international order, and trust among the international community of states. The OECD international anti-bribery regime is an exemplary case to study because some OECD members, such as the U.S., have increasingly been using their anti-bribery laws extraterritorially. Drawing upon the economic and international relations literature, the starting point of the article is that extraterritoriality is appropriate if it serves the main policy goal of the international regulatory regime in which it functions. This article analyzes the main policy goal of the OECD regime, which is based on the principle of competitive neutrality, meaning that all corporations compete on a level playing field. The paper concludes that extraterritoriality is a dynamic phenomenon that is appropriate when used by a small number of major economies in an initial stage of the anti-bribery regulatory framework. In the analyzed case, the increasing anti-bribery enforcement is found to be accompanied by substantive and procedural fragmentation of the underlying legislation that prevents the OECD members from efficiently cooperating, coordinating their actions, and using their full potential to hold MNCs accountable for transnational bribery.

The Impact of Anti-Corruption Laws

Author : Amanda Sanseverino
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Impact of Anti-Corruption Laws by : Amanda Sanseverino

Download or read book The Impact of Anti-Corruption Laws written by Amanda Sanseverino and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: I study the impact of foreign anti-corruption laws using a setting that exploits US multinational firms' differential exposure to the extraterritorial jurisdiction of the 2010 United Kingdom Bribery Act (UKBA). I find that, following adoption of the UKBA, US firms subject to its jurisdiction curb their business in high-corruption-risk countries, relative to their unexposed US peers. The effect is more pronounced for firms with greater enforcement risk and bribery exposure, and is robust to a battery of placebo and additional analyses. These findings suggest that, for exposed US firms, the UKBA introduced foreign regulatory costs incremental to those associated with the US Foreign Corrupt Practices Act. This study is the first to provide empirical evidence of the effects of foreign anti-corruption laws on US firms. This evidence supports extraterritoriality as a key element of effective anti-corruption legislation and highlights its role in regulating multinational firms in the globalized economy.

Modern Bribery Law

Author : Jeremy Horder
Publisher : Cambridge University Press
ISBN 13 : 110735496X
Total Pages : 383 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Modern Bribery Law by : Jeremy Horder

Download or read book Modern Bribery Law written by Jeremy Horder and published by Cambridge University Press. This book was released on 2013-04-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.

Extraterritoriality and International Bribery

Author : Branislav Hock
Publisher : Routledge
ISBN 13 : 0429662769
Total Pages : 262 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Extraterritoriality and International Bribery by : Branislav Hock

Download or read book Extraterritoriality and International Bribery written by Branislav Hock and published by Routledge. This book was released on 2019-09-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a collective action perspective to explain how extraterritoriality functions and assess when, and to what extent, extraterritoriality is effective. A collective action perspective provides a new account of foreign anti-bribery laws and their extraterritorial enforcement that draws on theories discussed in the field of economic governance. Within this framework, the book offers an intensive analysis of US foreign anti-bribery law such as the Foreign Corrupt Practices Act (FCPA), international law as it emanates from the OECD Anti-Bribery Convention, and comparative insights into UK law and German law. To test the theory in practice, the book provides a unique data set of more than 40 foreign anti-bribery enforcement actions conducted by the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), and other examples from comparative jurisdictions. Extraterritoriality and International Bribery is ideal reading for academics and students with an interest in global governance, economic crime, criminology, and law and economics, as well as practitioners concerned with foreign anti-bribery enforcement, including compliance officers, lawyers, investigating and prosecuting authorities, and business leaders. The book also discusses governance alternatives existing outside international anti-bribery law and offers policy and legal reforms proposals. The book suggests a decentralized enforcement model with the delegation of some enforcement tasks to an external body as the most appropriate governance alternative.

Practitioner's Guide to Global Investigations

Author : Judith Seddon
Publisher : Law Business Research Ltd.
ISBN 13 : 1912377837
Total Pages : 987 pages
Book Rating : 4.9/5 (123 download)

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Book Synopsis Practitioner's Guide to Global Investigations by : Judith Seddon

Download or read book Practitioner's Guide to Global Investigations written by Judith Seddon and published by Law Business Research Ltd.. This book was released on 2018-01-19 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

The Transnationalization of Anti-Corruption Law

Author : Régis Bismuth
Publisher : Taylor & Francis
ISBN 13 : 1000389820
Total Pages : 585 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Transnationalization of Anti-Corruption Law by : Régis Bismuth

Download or read book The Transnationalization of Anti-Corruption Law written by Régis Bismuth and published by Taylor & Francis. This book was released on 2021-05-27 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.

The Routledge Handbook on Extraterritorial Human Rights Obligations

Author : Mark Gibney
Publisher : Routledge
ISBN 13 : 1000466132
Total Pages : 500 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Routledge Handbook on Extraterritorial Human Rights Obligations by : Mark Gibney

Download or read book The Routledge Handbook on Extraterritorial Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2021-12-24 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

The American Trap

Author : Frédéric Pierucci
Publisher : Hodder & Stoughton
ISBN 13 : 1529326885
Total Pages : 336 pages
Book Rating : 4.5/5 (293 download)

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Book Synopsis The American Trap by : Frédéric Pierucci

Download or read book The American Trap written by Frédéric Pierucci and published by Hodder & Stoughton. This book was released on 2019-11-14 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2014, France lost part of the control of its nuclear power plants to the United States. Frédéric Pierucci, former senior executive of one of Alstom's power company subsidiaries, found himself at the heart of this state scandal. His story goes to the very core of how he plotted the key features of the secret economic war that the United States is waging in Europe. And after being silenced for a long time, he has decided, with the help of journalist Matthieu Aron, to reveal all. In April 2013, Frédéric Pierucci was arrested in New York by the FBI and accused of bribery. The US authorities imprisoned him for more than two years - including fourteen months in a notorious maximum-security prison. In doing so, they forced Alstom to pay the biggest financial penalty ever imposed by the United States. In the end, Alstom also gave up areas of control to General Electric, its biggest American competitor. Frédéric's story unpacks how the United States is using corporate law as an economic weapon against its own allies. One after the other, some of the world's largest companies are being actively destabilised to the benefit of the US, in acts of economic sabotage that seem to be the beginning of what's to come...

Jurisdiction in International Law

Author : Cedric Ryngaert
Publisher :
ISBN 13 : 0199688516
Total Pages : 273 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Jurisdiction in International Law by : Cedric Ryngaert

Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Anti-bribery Laws in Common Law Jurisdictions

Author : Stuart H. Deming
Publisher : Oxford University Press, USA
ISBN 13 : 0199737711
Total Pages : 498 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Anti-bribery Laws in Common Law Jurisdictions by : Stuart H. Deming

Download or read book Anti-bribery Laws in Common Law Jurisdictions written by Stuart H. Deming and published by Oxford University Press, USA. This book was released on 2014 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deming provides a comprehensive analysis of the foreign bribery laws, and related laws and regulations, in all of the major common law jurisdictions. For each jurisdiction, careful attention is given to laws that may expose an individual or entity to private or commercial bribery in foreign settings as well as to the application of laws relating to money laundering and accounting and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organisation.

Corruption in International Business

Author : Ms Sharon Eicher
Publisher : Gower Publishing, Ltd.
ISBN 13 : 1409459926
Total Pages : 262 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Corruption in International Business by : Ms Sharon Eicher

Download or read book Corruption in International Business written by Ms Sharon Eicher and published by Gower Publishing, Ltd.. This book was released on 2012-08-28 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Corruption and Targeted Sanctions

Author : Anton Moiseienko
Publisher : Queen Mary Studies in Internat
ISBN 13 : 9789004369023
Total Pages : 323 pages
Book Rating : 4.3/5 (69 download)

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Book Synopsis Corruption and Targeted Sanctions by : Anton Moiseienko

Download or read book Corruption and Targeted Sanctions written by Anton Moiseienko and published by Queen Mary Studies in Internat. This book was released on 2019 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anton Moiseienko analyses the blacklisting foreigners suspected of corruption and the prohibition of their entry into the sanctioning state from an international law perspective. The implications of such actions have been on the international agenda for years and have gained particular prominence with the adoption by the US and Canada of the so-called Magnitsky legislation in 2016. Across the Atlantic, several European states followed suit. The proliferation of anti-corruption entry sanctions has prompted a reappraisal of applicable human rights safeguards, along with issues of respect for official immunities and state sovereignty. On the basis of a comprehesive review of relevant law and policy, Anton Moiseienko identifies how targeted sanctions can ensure accountability for corruption while respecting international law.

Extraterritorial Application of American Criminal Law

Author : Charles Doyle
Publisher : DIANE Publishing
ISBN 13 : 143793479X
Total Pages : 73 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Extraterritorial Application of American Criminal Law by : Charles Doyle

Download or read book Extraterritorial Application of American Criminal Law written by Charles Doyle and published by DIANE Publishing. This book was released on 2010-10 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime is usually territorial. It is a matter of the law of the place where it occurs. Nevertheless, a surprising number of American criminal laws apply outside of the U.S. Application is generally a question of legislative intent, expressed or implied. In either case, it most often involves crimes committed aboard a ship or airplane, crimes condemned by international treaty, crimes committed against government employees or property, or crimes that have an impact in this country even if planned or committed in part elsewhere. Although the crimes over which the U.S. has extraterritorial jurisdiction may be many, so are the obstacles to their enforcement. Contents of this report: (1) Introduction; (2) Constitutional Considerations; (3) Conclusion; (5) Bibliography.