About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 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 with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most