Corruption, integrity and the law : global regulatory challenges / edited by Nicholas Ryder and Lorenzo Pasculli.

Format:

Book

Contributor:

Ryder, Nicholas, editor.

Pasculli, Lorenzo, editor.

Series:

Law of financial crime.

Law of financial crime

Language:

English

Subjects (All):

Corruption--Law and legislation.

Corruption.

Physical Description:

1 online resource (333 pages).

Edition:

1st ed.

Place of Publication:

Abingdon, Oxon ; New York, NY : Routledge, 2020.

Summary:

Globalisation has opened new avenues to corruption. Corrupt practices are proliferating not only within national borders but across different countries. Despite many national and international anti-corruption bodies and strategies, corruption far from being eradicated. There is an urgent global demand for a better understanding of corruption as a phenomenon and a thorough assessment of the existing regulatory remedies, towards theestablishment of more effective (and possibly uniform) anti-corruption measures. Our previous collection, Corruption in the Global Era (Routledge, 2019), analysed the causes, the sources, and the forms of manifestation of global corruption. An ideal continuation of that volume, this book moves from the analysis of the phenomenon of corruption to that of the regulatory remedies against corruption and for thepromotion of integrity. Corruption, Integrity and the Law provides a unique interdisciplinary assessment of the global anti-corruption legal framework. The collection gathers top experts in different fields of both the academic and the professional world - including criminal law, EU law, international law, competition law, corporate law and ethics. It analyses legal instruments adopted not only at a supranational level but also by different countries, in the attempt of establishing an interdisciplinary and comparative dialogue between theory and practice and between different legal systems towards a better global promotion of integrity. This book will be of value to researchers, academics and students in the fields of law, criminology, sociology, economics, ethics as well as professionals - especially solicitors, barristers, businessmen and public servants.

Contents:

Cover

Half Title

Series Page

Title Page

Copyright Page

Table of Contents

List of contributors

Part I Introduction

Chapter 1 The global anti-corruption framework: Lights, shadows and prospects

Where were we?

The global anti-corruption framework and its sources

Negative measures

Positive measures: the limits of responsibilisation

Looking forward: critique and recommendations

Conclusions

References

Part II Criminal justice: international and national frameworks

Chapter 2 The fight against international corruption: A call for a global approach in corporate criminal liability law and procedure

Introduction: The need for a global approach in corporate criminal liability law

The international conventions against corruption: lights and shadows

Corporate criminal liability in light of international conventions against corruption and the Italian experience

Contrasting international corruption through corporate criminal liability: the issues at stake

Some proposals to improve efforts to fight internal and international corruption

Chapter 3 What role does competition law have to play in the prosecution of financial crime in the UK?

Introduction

The LIBOR scandal and competition law in the UK

UK prosecutions following the LIBOR scandal

Competition law in the UK: Is it relevant to the financial crime of benchmark rate fixing?

Competition law measures following the LIBOR scandal

Competition legislation introduced following the LIBOR scandal

The future of competition law enforcement of financial crime in the UK

Conclusion

Chapter 4 The fight against corruption in the Italian legal system between repression and prevention

The relentless changes to the anti-corruption system in Italy.

Corruption offences: positive changes and persistent critical issues

The most recent tools introduced to 'wipe out corruption': new exemption provisions and new means of assessing the commission of offences

Whistle-blowing and the 'culture of legality'

Part III The escape from criminal law: deferred prosecutions agreements and financial sanctions

Chapter 5 Corruption, regulation and the law: The power not to prosecute under the UK Bribery Act 2010

The problems of national prosecution of companies

The shift from old to new governance

Regulatory Actions

The UK Bribery Act 2010

Section 7 and Deferred Prosecution Agreement (DPA)

Reasonable Doubts about DPAs

Chapter 6 Justice deferred is justice denied?: The jury's out

Deferred prosecution agreements in the United States of America

Background to deferred prosecution agreements in the United Kingdom

Deferred prosecution agreements in the United Kingdom

Chapter 7 Deferred prosecution agreements and the restorative justice paradigm: Justice restored or corporate cop out?

Restorative justice

Deferred prosecution agreements

Discretion

Contractual agreement

Collateral consequences

Compliance procedures: the question of reintegration and rehabilitation

Chapter 8 Financial sanctions as a weapon for combatting grand corruption

Misappropriation sanctions in context

Misappropriation sanctions as a response to grand corruption

Issues particular to misappropriation sanctions in connection with legal challenges

The appropriateness of continuing reliance on misappropriation sanctions

Part IV Information as evidence: whistle-blowing.

Chapter 9 Keep the canaries singing: Are whistle-blowers in Nigeria adequately protected?

Legislation and corporate governance protection in Nigeria

Results to date

Weaknesses of legislative protection in Nigeria

Other hurdles to combatting corruption

Chapter 10 Vulnerabilities, obstacles and risks in reporting financial crimes: Conundrum of whistle-blowers

SwissLeaks case

LuxLeaks case

Part V Information as integrity: bank secrecy and non-financial reporting

Chapter 11 'Follow-ing the money' ten years on: Transparency and the fight against banking secrecy

Historical and geopolitical drivers of offshore financial centres, banking secrecy and tax havens

The UK: the creation of an 'imperial' network of offshore financial centres

Contemporary OFCs, tax havens and secrecy jurisdictions

Transparency, information sharing and the battle against 'uncooperative jurisdictions'

Creating a tax haven in plain sight: the City of London and its 'dependencies'

Chapter 12 Information, power and the fight against tax havens

Defining tax havens

Information and the fight against tax evasion

Power in global governance

Chapter 13 The communication of non-financial information according to the Directive 2014/95/EU as an instrument for the promotion of corporate integrity in Europe

The Directive and its implementation

The impact of the Directive on the management of undertakings

The duty of disclosure of non-financial and possible interferences with and criminal law

Part VI Beyond ethical codes: reshaping culture and values.

Chapter 14 The fight against and prevention of corruption: The case of Switzerland and implications for Swiss firms with business activities abroad

Context

The state of research on corruption and anti-corruption programs

The present study: research questions, methodology and characteristics of the responding firms

General findings on the level of corruption experienced by Swiss firms while doing business abroad

Predictors of bribe request for Swiss firms

Swiss firms and the perception of corruption

Investments in anti-corruption measures: reaction to corruption incidents?

Strengths and limitations

Discussion

Funding

Chapter 15 The practice of anti-corruption and integrity of government: On the moral learning side of the story

From anti-corruption to integrity

A toolkit from behavioural science

Towards installing a moral learning process

Concluding remarks

Chapter 16 Ethical integration in EU law: The prevailing normative theories in EGE opinions

Ethics in EU law

EGE as a paramount protagonist within the European Commission: History, institutional structure and opinions

Major findings

Concluding remarks and outlook

Index.

Notes:

Description based on print version record.

ISBN:

1-00-300822-4

1-000-02868-2

1-003-00822-4

9781003008224

OCLC:

1140788871