Criminal Law

Modern Bribery Law Comparative Perspectives

Edited by Jeremy Horder · Peter Alldridge
Cambridge University Press April 2013

Specifications

ISBN-13
9781107018730
Publisher
Cambridge University Press
Publication
April 2013
Format
Hardback , 381 pages
Jurisdiction
International ? Countri(es) for reference only

Details

The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.

• Critical examination of the Bribery Act 2010 illustrates the strengths and weaknesses of the current law

• Combination of practitioner and academic contributors makes the appraisal of the prospects for enforcement of and recovery of assets a realistic one

• Provides a broad international perspective on bribery law via comparisons with other jurisdictions and analysis of key areas

Table of Contents

List of contributors
vii
Table of cases
ix
Table of statutes and international instruments
xiii
Introduction
1
Part I    Bribery law: between public wrongdoing and private advantage-taking
11
1         Reformulating bribery: a legal critique of the Bribery Act 2010
Bob Sullivan
13
2         Official and commercial bribery: should they be distinguished?
Stuart P. Green
39
3         Countering corrupting conflicts of interest: the example of Hong Kong
David C. Donald
66
Part II   Bribery without borders: tackling corruption in the EU and beyond
95
4         Bribery in Italy: an outlook on present laws and perspectives on reform
Roberto Guerrini and Dario Guidi
97
5         Development, business integrity and the UK Bribery Act 2010
Indira Carr
128
6         The aims and limits of European Union anti-corruption law
Valsamis Mitsilegas
160
7         Deterring bribery: law, regulation and the export trade
Jeremy Horder
196
Part III  Ill-gotten gains: the challenge of prosecution, enforcement and asset recovery
217
8         Bribery and the changing pattern of criminal prosecution
Peter Alldridge
219
9         Bribery and corruption: the UK framework for enforcement
Charlie Monteith
251
10        Prosecuting bribery in Hong Kong’s human rights environment
Simon N. M. Young
267
11        Is the UNCAC an effective deterrent to grand corruption?
Tim Daniel and JAMES Maton
293
Bibliography
328
Index
350

About the Author

Jeremy Horder
King's College London

Peter Alldridge
Queen Mary, University of London

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