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.
Table of contents
List of contributors
Part I Introduction
1 The global anti-corruption framework: Lights, shadows and prospects
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
3 What role does competition law have to play in the prosecution of financial crime in the UK?
4 The fight against corruption in the Italian legal system between repression and prevention
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
6 Justice deferred is justice denied?: The jury’s out
7 Deferred prosecution agreements and the restorative justice paradigm: Justice restored or corporate cop out?
8 Financial sanctions as a weapon for combatting grand corruption
Part IV Information as evidence: whistle-blowing
9 Keep the canaries singing: Are whistle-blowers in Nigeria adequately protected?
10 Vulnerabilities, obstacles and risks in reporting financial crimes: Conundrum of whistle-blowers
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
12 Information, power and the fight against tax havens
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
Part VI Beyond ethical codes: reshaping culture and values
14 The fight against and prevention of corruption: The case of Switzerland and implications for Swiss firms with business activities abroad
15 The practice of anti-corruption and integrity of government: On the moral learning side of the story
16 Ethical integration in EU law: The prevailing normative theories in EGE opinions