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Corruption, Integrity and the Law: Global Regulatory Challenges

Corruption, Integrity and the Law: Global Regulatory Challenges

Author: Nicholas Ryder; Lorenzo Pasculli
Publisher: Routledge
ISBN: 9781032173979

Published In: September 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780367186500

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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 the establishment 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 the promotion 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.

PART I: Introduction: the global anti-corruption framework

1. The future of anti-corruption: towards a global system of prevention and justice

Lorenzo Pasculli and Nicholas Ryder

PART II: Criminal justice: international and national frameworks

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

Maria Lucia di Bitonto and Gaetano Galluccio Mezio

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

Diana Johnson

4. The contrast to corruption in the Italian legal system between repression and prevention

Debora Provolo

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

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

Shahrzad Fouladvand

6. Justice deferred is Justice denied? The Jury’s out

Axel Palmer

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

Darren McStravick

8. Financial sanctions as a weapon for combatting grand corruption

Anna Bradshaw

PART IV: Information as evidence: whistle-blowing

9. Vulnerabilities, obstacles and risks in reporting financial crimes: conundrum of whistle-blowers

Alison Lui and Umut Turksen

10.

Keep the canaries singing. Are whistle-blowers in Nigeria adequately protected?

Alison Lui and Soji Apampa

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

11. ‘Follow-ing the money’ ten years on: transparency and the fight against banking secrecy

Elena Blanco and Miguel Jose Arjona Sanchez

12. Information, power, and the fight against tax havens

Stuart Maclennan

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

Marco Cristiano Petrassi

PART VI: Beyond ethical codes: reshaping culture and values

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

Giang Ly Isenring

15. The practice of anticorruption and integrity of government. On the moral learning side of the story

Julien Topal

16. Ethical integration in EU Law: the prevailing normative theories in EGE opinions

Matthias Pirs and Markus Frischhut