IDEAS home Printed from https://ideas.repec.org/p/qeh/qehwps/qehwps150.html
   My bibliography  Save this paper

Drafting Implementing Regulations for International Anti-Corruption Conventions

Author

Listed:
  • Bryane Michael (Linacre College)

Abstract

How can executive agencies in developing countries implement international conventions against corruption? This paper looks at the legal issues presented by the Council of Europe, United Nations and OECD conventions against corruption; as well as the choices which executive agencies (such as the tax police, customs and border guard) in developing countries have in helping to implement these conventions. This paper reviews the potential obligations which these Conventions impose on executive agencies and the legal principles which should be enshired in executive regulation which translates these conventions into practice. This paper provides a simple legal/administrative test for corruption as well as tests for complicity, respondeat superiour, and tests which help establish jurisdiction between departments and between countries (in international corruption cases). The paper also discusses mechanisms for financing anti-corruption work, the conduct of tests or probes of civil servant bribe-taking behaviour, and the optimal fine to apply to businesses engaging in corruption as determined under a civil law standard

Suggested Citation

  • Bryane Michael (Linacre College), "undated". "Drafting Implementing Regulations for International Anti-Corruption Conventions," QEH Working Papers qehwps150, Queen Elizabeth House, University of Oxford.
  • Handle: RePEc:qeh:qehwps:qehwps150
    as

    Download full text from publisher

    File URL: http://www3.qeh.ox.ac.uk/RePEc/qeh/qehwps/qehwps150.pdf
    Download Restriction: no

    References listed on IDEAS

    as
    1. Polinsky, A. Mitchell & Shavell, Steven, 2001. "Corruption and optimal law enforcement," Journal of Public Economics, Elsevier, vol. 81(1), pages 1-24, July.
    2. Abbott, Kenneth W & Snidal, Duncan, 2002. "Values and Interests: International Legalization in the Fight against Corruption," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 141-178, January.
    3. Hatzis, Aristides N., 2002. "Having the cake and eating it too: efficient penalty clauses in Common and Civil contract law," International Review of Law and Economics, Elsevier, vol. 22(4), pages 381-406, December.
    4. Hay, Jonathan R & Shleifer, Andrei, 1998. "Private Enforcement of Public Laws: A Theory of Legal Reform," American Economic Review, American Economic Association, vol. 88(2), pages 398-403, May.
    5. James H. Anderson & Cheryl W. Gray, 2006. "Anticorruption in Transition 3 : Who is Succeeding... and Why?," World Bank Publications, The World Bank, number 7089.
    6. Cooter, Robert & Garoupa, Nuno, 2000. "The Virtuous Circle of Distrust: A Mechanism to Deter Bribes and Other Cooperative Crimes," Berkeley Olin Program in Law & Economics, Working Paper Series qt83c0k3wc, Berkeley Olin Program in Law & Economics.
    7. Kimberly Ann Elliott, 1997. "Corruption and the Global Economy," Peterson Institute Press: All Books, Peterson Institute for International Economics, number 12.
    8. Abraham L. Wickelgren, 2003. "Justifying Imprisonment: On the Optimality of Excessively Costly Punishment," American Law and Economics Review, Oxford University Press, vol. 5(2), pages 377-411, August.
    Full references (including those not matched with items on IDEAS)

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:qeh:qehwps:qehwps150. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (IT Support). General contact details of provider: http://edirc.repec.org/data/qehoxuk.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.