DOCSLIB.ORG

Corruption in Selected Countries

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Corruption in Selected Countries Research Brief no.50 Corruption in Selected Countries Corruption seriously harms economies and societies; Following receipt of the 1976 Securities and Exchange Commission (SEC) report identifying no country is immune. While it may vary in nature more than 400 US companies admitting to making and extent, at the very least it impinges on good payments worth more than USD 300 million to governance, sound management of public money, foreign government officials, the US Congress took action. In 1977, it enacted the FCPA to stop the and distorts markets. In extreme cases, corruption bribery of foreign public officials and restore public hampers economic development, undermines confidence in the US private sector. democracy, and damages social justice and the rule These ethical and legal initiatives put US companies of law. at a significant competitive disadvantage in global The paper reviews the anti-corruption regimes markets in areas where the practice of bribery and established in three countries, Australia, the United corruption are most prevalent. The US Government Kingdom (UK), and the United States (US). Each of became the world leader in the promotion of these countries has in place many of the necessary international and regional instruments to combat legal instruments and institutions to discourage and corruption to level the playing field for its commercial punish corruption. The enforcement of anti-corruption interests. The US initiative led both Australia and the rules, however, varies in vigour and consistency, UK, which are also allies and members of the OECD systemic problems may not be tackled effectively, and and UN, to support and eventually ratify the OECD the relevant institutions do not always have sufficient Anti-bribery Convention and the UNCAC. human or budgetary capacity to enforce the rules. The Australian Government has adopted and This paper looks at how each of these countries has enforced key international mechanisms to fight implemented anti-corruption strategies of certain bribery and corruption. Australia has several international conventions to which they are State agencies that are mandated to prevent and detect Parties. It reviews the status of their implementation of corruption and enforce the Commonwealth Criminal the United Nations Convention Against Corruption Code Act (1995), including the Australian (UNCAC), the Convention on Combating Bribery of Commission for Law Enforcement Integrity, the Foreign Officials in International Business Transactions Australian Crime Commission, and the Australian of the Organisation of Economic Cooperation and Federal Police (AFP). All Commonwealth-related Development (OECD) (OECD Anti-bribery offences are prosecuted by the Commonwealth Convention), and the Inter-American Convention Director of Public Prosecutions. Against Corruption (IACAC) of the Organization of However, the OECD Working Group has criticized American States (OAS). During the past fifteen years, Australia for its lack of enforcement. The OECD implementation review mechanisms have been report indicated that over the past 13 years, the AFP established with each of these conventions to conduct had received 28 foreign bribery allegations, of country reviews and draft country review reports to which, 21 were concluded without charges, and only help State Parties to identify areas for improvement. 1 case was prosecuted. The US was the first country globally to be concerned Each of the criminal law jurisdictions of the UK has about the connection between transnational its own local investigation and prosecution agencies corporations and the phenomenon of corruption. CORRUPTION IN SELECTED COUNTRIES that deal with cases of bribery and corruption. These fraud, money laundering, attempted robbery or include local police forces, the Crown Prosecution extortion, violations of the US Travel Act, as well as Service (CPS) in England and Wales, the Public conspiracy to commit an FCPA offence. Prosecution Service in Northern Ireland, and the Crown Office and Procurator Fiscal Service in The robust enforcement rate of the FCPA and Scotland. The lead agency mandated for related laws by the US Department of Justice (DOJ) investigating and dealing with serious bribery and and the SEC exceeds that of all other State Parties corruption cases is the Serious Fraud Office (SFO), to the OECD Anti-bribery Convention, resulting in which investigates and prosecutes cases in more than USD 1 billion in fines and penalties in England, Wales and Northern Ireland. A specialized 2013. The DOJ has FCPA criminal enforcement unit of the City of London Police, the Overseas Anti- authority and the SEC is responsible for civil Corruption Unit (OACU) investigates allegations of enforcement of the FCPA over issuers and their overseas corruption, particularly foreign bribery. officers, directors, employees, agents or stockholders acting on the issuers’ behalf. This The passage of the UK Bribery Act (2010) (UKBA) includes US citizens, nationals and residents, US occurred due to a need to modernize the UK’s businesses and their officers, directors, employees, anti-corruption legislation and meet the agents, or stockholders acting on the issuers’ behalf, requirements of the OECD Anti-bribery Convention. as well as certain foreign persons and businesses The UKBA covers all bribery, not just that involving that act in furtherance of an FCPA violation while in foreign officials. It does not permit facilitation US territory. payments. The UKBA has extra-territorial reach, both for UK companies operating abroad and for US DPA settlements always include a financial overseas companies operating in the UK. The penalty, an end date and conditions that must be UKBA has a greater reach than Australia and the followed during its term. Elements, such as monitors, US, since it is not limited to public officials carrying or self-reporting requirements, establishing or out public duties. The corporate offence of failing to improving compliance efforts of an anti-corruption prevent bribery allows for unlimited fines and program may be included. includes the activities of third parties acting on behalf of the company. There are practical limitations on the extent to which legislation can effectively require ethical conduct. High profile foreign bribery cases investigated by the Having legal and policy frameworks in place does not SFO and other agencies show a change in the in itself influence individual behaviour or degree and approach taken in handling cases of serious frequency of corrupt practices. It is only through corruption. Outright prosecution is being used consistent and vigorous implementation, infrequently. Instead, companies are encouraged by enforcement and prosecution of such practices on a the SFO to ‘self-report’ and cooperate in the regular basis changes in behaviour will result. This investigation. This has led to major savings in likelihood will be reinforced if authorities have the investigation and prosecution costs. ability to sanction offenders to prevent future access to its markets. This is the case in the US and the UK The 50 US states are primarily responsible for law and, by extension, the European Union. enforcement activities within their own borders. However, the federal government may regulate Koren, Elaine (2014). Corruption in Selected Countries: conduct, including illegal activities, which do not Literature Review. Ottawa, ON: Public Safety Canada. take place solely within one state. These offences are prosecuted in federal, rather than state courts. For more information on research at the Community Safety and Countering Crime Branch, Public Safety Canada, Besides the US Foreign Corrupt Practices Act please contact the Research Unit at [email protected]. (1977) (FCPA), acts of corruption are also addressed in the US Criminal Code and the US Research Briefs are produced for the Community Safety and Countering Crime Branch, Public Safety Canada. The summary herein reflects interpretations of the report authors’ Racketeer Influenced and Corrupt Organizations Act findings and do not necessarily reflect those of the Department of Public Safety Canada. (1970) (RICO). Often US indictments in both domestic and foreign corruption cases include counts of other offences, such as mail fraud, wire PUBLIC SAFETY CANADA 2 .
Load more

Recommended publications
  • Emerging Issues in Compliance with the Foreign Corrupt Practices Act: a Case of Arrested Development H
    Santa Clara Journal of International Law Volume 14 | Issue 1 Article 8 4-12-2016 Emerging Issues in Compliance With the Foreign Corrupt Practices Act: A Case of Arrested Development H. Lowell Brown Follow this and additional works at: http://digitalcommons.law.scu.edu/scujil Recommended Citation H. Lowell Brown, Emerging Issues in Compliance With the Foreign Corrupt Practices Act: A Case of Arrested Development, 14 Santa Clara J. Int'l L. 203 (2016). Available at: http://digitalcommons.law.scu.edu/scujil/vol14/iss1/8 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Journal of International Law by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. Emerging Issues in Compliance With the Foreign Corrupt Practices Act Emerging Issues in Compliance With the Foreign Corrupt Practices Act: A Case of Arrested Development H. Lowell Brown* * H. Lowell Brown is a member of the bars of the District of Columbia and the States of California and Maine whose practice focuses on white collar criminal defense and corporate compliance. He has written law journal articles on compliance with the Foreign Corrupt Practices Act, issues in white collar crime, corporate governance and ethics. He is the author of a treatise on the Foreign Corrupt Practices Act entitled Bribery in International Commerce (published by Thomson-West), as well as books on the Racketeer Influenced and Corrupt Organization Act (RICO) (published by Thomson-West), money laundering (published by Lexis Nexis), and presidential impeachment (published by Palgrave Macmillan).
    [Show full text]
  • United Nations Convention Against Corruption
    United Nations Convention against Corruption Self-assessment Name: UK Second Cycle Review-20180108-134632 Country: United Kingdom of Great Britain and Northern Ireland Date of creation: 24/11/2017 Assessor: Renny Mendoza Assessor Position: International Policy Advisor: Joint Anti-Corruption Unit Release: 3.0.0.15 Comments: Completed self-assessment checklists should be sent to: Corruption and Economic Crime Section Division for Treaty Affairs United Nations Office on Drugs and Crime Vienna International Centre PO Box 500 1400 Vienna, Austria Attn: KAMBERSKA Natasha Telephone: + (43) (1) 26060-4293 Telefax: + (43) (1) 26060-74293 E-mail: [email protected] A. General information A. General information 1. General information 1519 1 Focal point: Renny Mendoza 2 Institutions consulted: Home Office, Crown Prosecution Service, Serious Fraud Office, National Crime Agency, Her Majesty’s Treasury, Ministry of Justice, Financial Conduct Authority, HM Revenue and Customs, Department for Business, Energy and Industrial Strategy, Department for International Development. 3 Please provide information on the ratification/acceptance/approval/accession process of the United Nations Convention against Corruption in your country (date of ratification/acceptance/approval of/accession to the Convention, date of entry into force of the Convention in your country, procedure to be followed for ratification/acceptance/approval of/accession to international conventions etc.). UNCAC Ratification Signature date: 9 December 2003 Ratification date: 9 February 2006 Entry into force date: 11 March 2006 Procedure to be followed for ratification of international conventions: The United Kingdom (UK) is a ‘dualist’ state. The UK constitution accords no special status to treaties: rights and obligations created by treaties have no effect in UK law unless legislation is in force to give effect to them.
    [Show full text]
  • Dr. Thomas Schürrle Dr
    Data Protection: An Introduction to Principal Features and Potential Regulations of Personal Data Protection of Personal Regulations and Potential Features Principal to An Introduction Data Protection: LLP & Plimpton Debevoise 919 Third Avenue 21/F AIA Central New York, NY 10022 1 Connaught Road Central +1 212 909 6000 Hong Kong +852 2160 9800 801 Pennsylvania Avenue N.W. Washington, D.C. 20004 13/F, Tower 1 +1 202 383 8000 Jing’an Kerry Centre 1515 Nanjing Road West 65 Gresham Street Shanghai 200040 London +86 21 5047 1800 EC2V 7NQ +44 20 7786 9000 Shin Marunouchi Bldg. 11F 1-5-1 Marunouchi, Chiyoda-ku 4 place de l’Opéra Tokyo 100-6511 75002 Paris +81 3 4570 6680 +33 1 40 73 12 12 www.debevoise.com Taunustor 1 (TaunusTurm) 60310 Frankfurt am Main +49 69 2097 5000 Business Center Mokhovaya Ulitsa Vozdvizhenka, 4/7 Stroyeniye 2 Moscow, 125009 +7 495 956 3858 Dr. Thomas Schürrle Data_Protection_cover.indd 1 10/25/2019 10:29:40 AM Data Protection An Introduction to Principal Features and Potential Regulations of Personal Data Protection by Dr. Thomas Schürrle © Debevoise & Plimpton LLP │October 2019 │Frankfurt am Main This book has been prepared by and is copyright of the law firm, Debevoise & Plimpton LLP. All rights are reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except for the use of brief quotations in a book review. This book provides summary information only and is not intended as legal advice.
    [Show full text]
  • The Role of Corporate Governance in Curbing Foreign Corrupt Business Practices Poonam Puri Osgoode Hall Law School of York University, [email protected]
    Osgoode Hall Law School of York University Osgoode Digital Commons Research Papers, Working Papers, Conference Osgoode Legal Studies Research Paper Series Papers 2016 The Role of Corporate Governance in Curbing Foreign Corrupt Business Practices Poonam Puri Osgoode Hall Law School of York University, [email protected] Andrew Nichol Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/olsrps Part of the Business Organizations Law Commons, and the Securities Law Commons Recommended Citation Puri, Poonam and Nichol, Andrew, "The Role of Corporate Governance in Curbing Foreign Corrupt Business Practices" (2016). Osgoode Legal Studies Research Paper Series. 138. http://digitalcommons.osgoode.yorku.ca/olsrps/138 This Article is brought to you for free and open access by the Research Papers, Working Papers, Conference Papers at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Legal Studies Research Paper Series by an authorized administrator of Osgoode Digital Commons. Osgoode Legal Studies Research Paper No. 11 Vol. 12/ Issue. 3/ (2016) The Role of Corporate Governance in Curbing Foreign Corrupt Business Practices Osgoode Hall Law Journal, Vol. 53(1), Forthcoming. Poonam Puri Andrew Nichol Abstract: The role of corporate and securities laws in addressing foreign corrupt business practices has, to date, received limited consideration. Departing from the substantial literature on the criminal and public law response to international corruption, the authors analyze Canada’s Corruption of Foreign Public Officials Act in comparison with British and American legislation and conclude that the Canadian regime relies too heavily on the use of criminal sanctions and fails to contemplate the role of behaviour modification in its legislative structure.
    [Show full text]
  • UK Anti-Corruption Plan
    UK Anti-Corruption Plan December 2014 UK Anti-Corruption Plan © Crown copyright 2014 Where we have identified any third party copyright This publication is licensed under the terms information you will need to obtain permission from the of the Open Government Licence v3.0 except copyright holders concerned. where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government- This publication is available at www.gov.uk. licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, Any enquiries regarding this publication should be sent or email: [email protected]. to us at [email protected]. UK Anti-Corruption Plan 5 Contents Ministerial Foreword ...............................................................................................................6 Executive Summary ...............................................................................................................8 Our approach to corruption in the UK ............................................................................10 Table of Actions .............................................................................................................11 The Threat to the UK from Corruption ..................................................................................18 Understanding and Raising Awareness of the Risks from Corruption ...................................20 Intelligence ....................................................................................................................20
    [Show full text]
  • Federal Corrupt Practices and Political Activities
    If you have----------------------- issues viewing or accessing this file contact us at NCJRS.gov. 90'l'H CONGRESS.l DOCUMEN'l' 2d Session J SENATE { No. 100 FEDERAL CORRUPT PRACTICES AND POLITICAL ACTIVITIES FEDERAL CORRUPT PRACTICES ACT HATCH POLITICAL ACTIVITIES ACT SENATOR HOWARD W. CANNON, Chairman SUBCOMMITTEE ON PRIVILEGES AND ELECTIONS OF THE COMMITTEE ON RULES AND ADMINISTRATION UNITED STATES SENATE JULY 19, 1968.-0rdered'to be printed U.S. GOVERNMENT PRINTING OFFICE DIHJ3'!' 0 WASHINGTON: 1968 For srua by the Superintendent of Documents. U.S. Government Printing Office Washiugton. D.C. 20402· Price 20 cents COMMITTEE ON RULES AND ADMINISTRATION B. EVERETT JORDAN, North Carolina, Chalrmall CARL IIAYDEN, Arizona CARL T. CURTIS, Nebraska. HOWARD W. CANNON, Nevada JOHN SHERMAN COOPER, Kentucky CLAIBORNE FELL, Rhode Island HUGH SCOTT, Pennsylvania. JOSEPH S. CLARK, Pennsylvania ROBERT C. BYRD, WestVirginlll GORDON F. HARRISON, Staff Director HUGH Q. ALEXA.'IDER, Ch~/Cat£mel JOHN P. CODER, Prolmlanal SlaffMember SUBCOMMITTEE ON PRIVILEGES AND ELECTIONS HOWARD W. CANNON, Nevada, ChalJ'1/Uln ROBERT C. BYRD, westVlr~a CARL T. CURTIS, Nebraska. JAMES H. DUFFY, Chiel Cournrtl BURKE~ VAN KillE:, Minority Cournrel SENATE RESOLUTION 375 IN THE SENATE O]!' THE UNITED STATES, Agreed to Jllly 19, 1968. , Resolved, That a revised edition of Senate Document Numbered 68 of the Eighty-eighth Congress, entitled "Federal Corrupt Practices and Political Activities" be printed as a Senate document; and that there be printed four thousand additional copies of such document for the' use of the Committee on Rules and Administration. " . Attest: ' ;; FRANCIS R. VALEO, Secretary. (II) FOREWORD This document ~s published as a guide and ready reference to cer­ tain Federal election laws and miscellaneous related acts and regula­ tions applicable to candidate~ for Federal office, political committees, political parties, and others seeking or attempting to influence the results of Federal elections.
    [Show full text]
  • India's Electoral Laws, Political Corruption and the Supreme Court
    ISAS Working Paper No. 150 – 14 June 2012 469A Bukit Timah Road #07-01 Tower Block National University of Singapore Singapore 259770 Tel: 6516 4239 / 6516 6179 Fax: 6776 7505 / 6314 5447 Email: [email protected] Website: www.isas.nus.edu.sg India’s Electoral Laws, Political Corruption and the Supreme Court Ronojoy Sen1 There are two facts about Indian politics that merit urgent attention. First, the number of Members of Parliament (MPs) in the Lok Sabha or Lower House (which is directly elected by the people in a first-past-the-post system) with criminal records is striking. In the current Lok Sabha – which came into existence in 2009 – the number of MPs with criminal charges against them is 162, which work out to nearly 30 per cent of MPs having either criminal cases registered against them or pending in court. The more crucial figure is that 76 MPs, or 14 per cent of the total number of MPs, were charged with criminal cases that could attract imprisonment of five years or more. In the earlier (2004) Lok Sabha, the picture was not much better. There were 128 MPs with pending criminal cases against them, out of whom 58 had serious criminal cases registered against them.2 This has led to the perception, as the Supreme Court puts it, that the ‘law breakers have become the law makers’. Another significant feature of Indian politics is the number of extremely wealthy – or crorepati (multi-millionaire) to use common parlance – MPs in Parliament. Figures for the current Parliament reveal that as many as 315 of the 543 Lok Sabha MPs have wealth of over Rs 1 crore (roughly US$217,000) or more, which represents a 102 per cent rise from the 2004 Lok Sabha.
    [Show full text]
  • From the Foreign Corrupt Practices Act to the Oecd Anti-Bribery Convention to the U.N
    IMPLEMENTING GLOBAL ANTI-BRIBERY NORMS: FROM THE FOREIGN CORRUPT PRACTICES ACT TO THE OECD ANTI-BRIBERY CONVENTION TO THE U.N. CONVENTION AGAINST CORRUPTION Elizabeth K. Spahn* The thirty-fifth anniversary of the US Foreign Corrupt Practices Act ("FCPA")' is an opportune time to note the very successful globalization of values embodied in this remarkable statute. When the FCPA was first enacted in 1978, the United States stood alone in criminalizing bribes paid to foreign officials to obtain business abroad. By 2012, thirty-nine major economic powers have ratified the OECD Anti-Bribery Convention and 165 nations are states parties3 to the United Nations Convention Against Corruption. I. EVOLVING NORMS INFLUENCING THE US FCPA Centuries of colonial experience by Western powers were based on the premise that global trade required bribing local "black tyrants" as the former British Governor General of Bengal, circa 1787, indelicately put it.s * © 2012. Professor of Law, New England Law I Boston. My thanks to Barbara Fredericks, Melanie Reed, Jessica Tillipman; research assistants Alaina Anderson, Louisa Gibbs, and Nikolaus Schuttauf; research librarians Barry Steams, Helen Litwick, and Brian Flaherty; and to Angela Cheung for assistance in the power point presentation. Errors are mine alone. I can be contacted at [email protected]. 1. Foreign Corrupt Practices Act of 1977, Pub. L. No. 95-213, 91 Stat. 1494 (1977) (codified as amended at 15 U.S.C. §§ 78dd-1 etseq.) [hereinafter FCPA]. 2. See Organisation for Economic Co-operation and Development, Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, Dec. 18, 1997, S.
    [Show full text]
  • 63Rd Commonwealth Parliamentary Conference Conference
    63rd Commonwealth Parliamentary Conference Conference Concluding Statement 20 November 2017 COMMONWEALTH PARLIAMENTARIANS attending the 63rd Commonwealth Parliamentary Conference and associated meetings recognised the Commonwealth’s commitment to democracy and met under the conference theme of ‘Continuing to enhance high standards of performance of Parliamentarians’. The conference, hosted by the CPA Bangladesh Branch and Parliament of Bangladesh from 1 to 8 November 2017 in Dhaka, Bangladesh was attended by over 500 Parliamentarians and Parliamentary Clerks representing Parliaments and Legislatures from across the Commonwealth. The conference was hosted by the CPA President and outgoing Chairperson of the CPA International Executive Committee, Hon. Dr Shirin Sharmin Chaudhury MP, Speaker of the Parliament of Bangladesh. The conference also included the 36th Small Branches Conference and meetings of the Commonwealth Women Parliamentarians (CWP). This concluding statement contains the main outcomes of the conference, a summary of the workshop discussions, and the recommendations that were either endorsed or noted by the Members in attendance. Alongside the substantive conference workshops and the CPA governance meetings (63rd General Assembly and Executive Committee meetings), the 63rd Commonwealth Parliamentary Conference also included a number of additional events. The unique conference brings together Speakers, Members of Parliament and Parliamentary staff representing the nine regions of the CPA – Africa; Asia; Australia; British Islands and Mediterranean; Canada; Caribbean, Americas and Atlantic; India; Pacific; and South East Asia. The CPA reaches all 52 countries of the Commonwealth as well as national, state, provincial and territorial Parliaments and Legislatures bringing together over 180 CPA Branches of the Association. 63rd Commonwealth Parliamentary Conference - Opening Addresses: The Chief Guest at the opening of the 63rd Commonwealth Parliamentary Conference was Her Excellency Sheikh Hasina, MP, Hon.
    [Show full text]
  • Remediation in Foreign Bribery Settlements: the Foundations of a New Approach
    Chicago Journal of International Law Volume 21 Number 2 Article 5 1-1-2021 Remediation in Foreign Bribery Settlements: The Foundations of a New Approach Samuel J. Hickey Follow this and additional works at: https://chicagounbound.uchicago.edu/cjil Part of the Law Commons Recommended Citation Hickey, Samuel J. (2021) "Remediation in Foreign Bribery Settlements: The Foundations of a New Approach," Chicago Journal of International Law: Vol. 21: No. 2, Article 5. Available at: https://chicagounbound.uchicago.edu/cjil/vol21/iss2/5 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized editor of Chicago Unbound. For more information, please contact [email protected]. Remediation in Foreign Bribery Settlements: The Foundations of a New Approach Samuel J. Hickey Abstract A handful of nations spearhead the global anti-corruption regime through the transnational enforcement of foreign bribery laws. These laws prohibit corporations with a connection to the enforcing nation from paying or offering bribes to the officials of a foreign nation. Enforcement agencies construe the extraterritorial application of these laws broadly, establishing their global prominence. The most notable example is the United States Department of Justice’s enforcement of the Foreign Corrupt Practices Act of 1977 (FCPA). Enforcement agencies typically resolve investigations against corporations through deferred prosecution agreements and other consensual settlement mechanisms known generally as non-trial resolutions. Fines and penalties paid pursuant to these agreements can extend beyond the billion-dollar mark. In most cases, money paid in fines and penalties goes to the treasury of the enforcing nation.
    [Show full text]
  • Enforcing International Corrupt Practices Law
    Michigan Journal of International Law Volume 32 Issue 1 2010 Enforcing International Corrupt Practices Law Paul D. Carrington Duke University Law School Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Comparative and Foreign Law Commons, Legal Remedies Commons, Legislation Commons, and the Transnational Law Commons Recommended Citation Paul D. Carrington, Enforcing International Corrupt Practices Law, 32 MICH. J. INT'L L. 129 (2010). Available at: https://repository.law.umich.edu/mjil/vol32/iss1/3 This Essay is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. ESSAY ENFORCING INTERNATIONAL CORRUPT PRACTICES LAW PaulD. Carrington* INTRODUCTION ................................................ 129 1. THE TRANSNATIONAL CORRUPTION PROBLEM ... ........... 130 II. THE AMERICAN FOREIGN CORRUPT PRACTICES ACT.............. 131 A. The Limits of Its Public Enforcement ........ ....... 131 III. THE INTERNATIONALIZATION OF LAWS DETERRING CORRUPTION .................................... ...... 139 IV. PROBLEMS WITH PUBLIC ENFORCEMENT OF THE NEW INTERNATIONAL CONVENTIONS .......................... 142 V. THE AMERICAN EXPERIENCE WITH PRIVATE ENFORCEMENT OF ITS DOMESTIC CORRUPT PRACTICES LAWS....... ......
    [Show full text]
  • Latin American and Caribbean Sex Workers: Gains and Challenges in the Movement
    C K Meyer and S A L Cabezas Latin American and Caribbean Sex Workers: Gains and challenges in the movement Amalia L. Cabezas Abstract This article challenges the notion that the organised sex worker movement originated in the Global North. Beginning in Havana, Cuba at the end of the nineteenth century, sex workers in the Latin America and Caribbean (LAC) region have been organising for recognition and labour rights. This article focuses on some of the movement’s advances, such as the election of a sex worker to public office in the Dominican Republic, the system where Nicaraguan sex workers act as court-appointed judicial facilitators, the networks of sex worker organisations throughout the region, and cutting-edge media strategies used to claim social and labour rights. Sex workers are using novel strategies designed to disrupt the hegemonic social order; contest the inequalities, discrimination, and injustices experienced by women in the sex trade; provoke critical reflection; and raise the visibility of sex work advocacy. New challenges to the movement include the abolitionist movement, the conflation of all forms of sex work with human trafficking, and practices that seek to ‘rescue’ consenting adults from the sex trade. Keywords: sex work, sex worker movement, sex worker organisations, media, Latin America and the Caribbean Suggested citation: A L Cabezas, ‘Latin American and Caribbean Sex Workers: Gains and challenges in the movement’, Anti-Trafficking Review, issue 12, 2019, pp. 37-56, www.antitraffickingreview.org Introduction In February 2018, a Dominican newspaper reported the arrest of street-based sex workers and the response of Congresswoman Jacqueline Montero: This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC-BY).
    [Show full text]