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38 Harv. J. on Legis. 67 (2001)
Information Technology in the War against International Bribery and Corruption: The Next Frontier of Institutional Reform

handle is hein.journals/hjl38 and id is 73 raw text is: ARTICLE INFORMATION TECHNOLOGY IN THE WAR AGAINST INTERNATIONAL BRIBERY AND CORRUPTION: THE NEXT FRONTIER OF INSTITUTIONAL REFORM STEVEN R. SALBU Bribery of public officials has become a worldwide epidemic, prompting an international debate on how to best combat corruption. In this Article, Pro- fessor Salbu surveys recent reform efforts aimed at curbing corruption. In particular, he discusses two broad categories of reform: legislative and insti- tutional. Both domestic and extraterritorial legislation, he argues, have proven to be ineffective and inefficient. Instead of further legislative reform. efforts should be shifted to altering underlying institutions in order to remove incentives for corruption. Through the diffiision of information technology, the world can better monitor briber, and a level of value convergence will be reached in which corruption is more universally disfavored. I. THE DEBATE ON CORRUPTION Bribery of public officials is a serious international problem.' While most scholars agree that we need to eliminate corruption, the means they recommend are varied,2 and commentators often disagree about the mer- its of particular solutions.' During the past few years, I have participated in this public policy debate in a series of law review articles. These articles have moved to- ward the recommendation of the present Article: that the next frontier of anti-corruption reform should be a shift from extraterritorial legislation *Bobbie and Coulter R. Sublett Centennial Professor, University Distinguished Teaching Professor, University of Texas at Austin. Ph.D., Wharton School of the University of Penn- sylvania, 1990; M.A., Wharton School of the University of Pennsylvania, 1986; J.D., Col- lege of William and Mary, 1980; M.A., Dartmouth College, 1980; B.A., Hofstra Univer- sity, 1977. 'See David A. Gantz, Globalizing Sanctions Against Foreign Bribery: The Emergence of a New International Legal Consensus, 18 Nw. J. INT'L L. & Bus. 457, 457 (1998). 2 See, eg., Sarh J. Kpundeh & Irene Hors, Corruption and Integrity Improvement Ini- tiatives in Developing Countries, U.N. Development Programme, Management Develop- ment and Governance Division, Bureau for Development Policy, at http://magnet.undp. org/Does/efa/corruption.htm (last visited Aug. 27, 2000); Daniel Kaufmann, Comiption: The Facts, FOREIGN POL'Y, Summer 1997, at 114. 3 See, e.g., infra notes 5-6.

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