Home > Centre for the Study of Human Rights > Events > 2016 > Legitimacy and Compliance in the Global Anti-Corruption Business: Corporations as Enforcers of Transnational Criminal Law

Legitimacy and Compliance in the Global Anti-Corruption Business: Corporations as Enforcers of Transnational Criminal Law

Page Contents >

The Laboratory for Advanced Research on the Global Economy invites you to a working paper presentation and discussion on " Legitimacy and Compliance in the Global Anti-Corruption Business: Corporations as Enforcers of Transnational Criminal Law"


LABlogotall
Speaker:  Dr Radha Ivory, Visiting Fellow, Laboratory for Advanced Research on the Global Economy, Centre for the Study of Human Rights; Lecturer, TC Beirne School of Law, University of Queensland, Australia
Chair: Dr Margot Salomon, Associate Professor, Centre for the Study of Human Rights
Date and Time: Thursday 11 February 2016, 6.00–8.00 p.m.
Venue: 32L.B.07 (32 Lincoln's Inn Fields, Basement room 7)

 

The bribery of public officials was once thought to ‘grease for the wheels of commerce’ in ‘modernizing’ states. Now, bribery (and corruption in all forms) is decried as a source of economic inefficiency, distributive injustice, and social and political instability in ‘emerging markets’ and ‘developing countries’. Through international treaties and soft laws, traditional export powers have committed to sanctioning legal entities that bribe foreign public officials in international business transactions. The United Kingdom, for its part, requires commercial organisations to maintain procedures to prevent associated persons from bribing – at home and abroad (ss 7, 8 Bribery Act 2010 c. 23).  An example of the ‘due diligence’ (or compliance) approach to corporate social responsibility, the ‘adequate procedures’ provisions seem like a moderate option for imposing criminal liability on entities. They also appear to be an efficient mechanism for ‘scaling up’ the impact of the global anti-corruption norm and enabling private sector actors to internalize and express cosmopolitan concerns. Yet, the due diligence approach also presents public law and policy challenges. On the one hand, it is hard to tell whether transnational anti-corruption rules have decreased the incidence of corporate foreign bribery. On the other hand, the neutrality and proportionality of this form of crime control may be questioned, as may the authority and capacity of commercial entities to serve as de facto transnational regulators. This seminar explores the governance implications of globalised standards on corporate liability for the crime of foreign bribery, probing the legitimacy of transnational efforts to combat corruption in the global South by delegating law enforcement powers to large corporations in the North. It suggests a multi-dimensional approach to assessing the effectiveness of transnational legal orders on economic crime and raises the possibility of macro-micro studies of their normative dimension.

 Margot Salomon (chair) is Associate Professor in the Centre for the Study of Human Rights and Law Department, and Director of the Laboratory for Advanced Research on the Global Economy.

Suggested hashtag for this event for Twitter users: #LSELegitimacy

Coming to the event

This event is free to attend and open to all with no ticket or pre-registration required. Entry is on a first come first served basis. LSE Events FAQs

 

Share:Facebook|Twitter|LinkedIn|