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Between Impunity and Imperialism

Download or Read eBook Between Impunity and Imperialism PDF written by Kevin E. Davis and published by Oxford University Press. This book was released on 2019-07-31 with total page 304 pages. Available in PDF, EPUB and Kindle.
Between Impunity and Imperialism
Author :
Publisher : Oxford University Press
Total Pages : 304
Release :
ISBN-10 : 9780190070816
ISBN-13 : 0190070811
Rating : 4/5 (16 Downloads)

Book Synopsis Between Impunity and Imperialism by : Kevin E. Davis

Book excerpt: 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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