About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

16 Int'l Trade & Bus. L. Rev. 99 (2013)
Does Anti-Corruption Legislation Work

handle is hein.journals/itbla16 and id is 109 raw text is: DOES ANTI-CORRUPTION LEGISLATION WORK? KEITH THOMPSON Abstract International Corruption - Australia - United Kingdom - United States - OECD Anti-Bribery Convention - Bribery Act 2010 (UK) - Foreign Corrupt Practices Act 1977 (US) - Australian Criminal Code 1995 (Cth) - Whistleblowing Legislation - Anti-Bribery Education This article presents a critical evaluation of the anti-corruption legislation existing for the past 15 years and changes to this legislation; turning specifically to discussion of the amendments to the Foreign Corrupt Practices Act 1977 (US), the OECD Convention on Combating Bribery of Foreign Officials in International Business Transactions, the United Nations Convention against Corruption, the Bribery Act 2010 (UK) and relevant Australian legislation. The article discusses the philosophy behind current measures to curb international corruption practices and the consequences and messages sent when corruption cases are settled out of court. The article takes a sceptical view of the future of abolishing anti-corruption practices in countries where corruption is a quantitative issue, unless first world countries provide a strong moral philosophy on anti-corruption enforcement. Finally this article suggests several new measures that could be implemented in order to eliminate corruption practices including incentivised whistleblowing legislation and educational strategies. I INTRODUCTION In his foreword to the United Nations Convention Against Corruption (UNCAC) in 2003, Kofi Annan said that: Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of human life, and allows organized crime, terrorism and other threats to human security to flourish. This evil phenomenon is found in all countries - big and small, rich and poor - * A Keith Thompson, LLB (Hons), M Jur, PhD, teaches Constitutional Law at the University of Notre Dame's Sydney Campus and is an Adjunct Professor of Law at Murdoch University in Western Australia. He previously worked as International Legal Counsel for the LDS Church with oversight of the Pacific and then the African Continent.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most