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Until now, the fight against corruption was regarded as a criminal law problem. This volume, on the other hand, focuses on the victims' rights to hold perpetrators of corrupt acts to account under civil law. Its contributions provide an overview of the legal situation in the US and several European states, as well as an examination of legal arbitration. Furthermore, representatives of international organizations express their views. The book centers on the enforceability of corrupt contracts, the skimming-off of illegal profits, and the right to damages.
Book Synopsis The Civil Law Consequences of Corruption by : Olaf Meyer
Download or read book The Civil Law Consequences of Corruption written by Olaf Meyer and published by Nomos Verlagsgesellschaft. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now, the fight against corruption was regarded as a criminal law problem. This volume, on the other hand, focuses on the victims' rights to hold perpetrators of corrupt acts to account under civil law. Its contributions provide an overview of the legal situation in the US and several European states, as well as an examination of legal arbitration. Furthermore, representatives of international organizations express their views. The book centers on the enforceability of corrupt contracts, the skimming-off of illegal profits, and the right to damages.
This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
Book Synopsis The Impact of Corruption on International Commercial Contracts by : Michael Joachim Bonell
Download or read book The Impact of Corruption on International Commercial Contracts written by Michael Joachim Bonell and published by Springer. This book was released on 2015-08-29 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
South Africa has a fairly robust legislative framework to tackle corruption and is also party to several international conventions against corruption. The common law of contract regards the bribe agreement as void and the main agreement procured by corruption as voidable due to improperly obtained consensus. Whilst the bribe-giver would in principle not be entitled to claim restitution of the bribe, the rules on restitution are flexible and aimed at equitable outcomes. There are still some questions on the common law of contract and delict relating to bribery which would benefit from guidance by the courts, including in relation to restitution in respect of the main agreement. Public procurement contracts procured by corruption are likely to be challenged under administrative law. Legislation requires that contracting authorities cancel such contracts. Unsuccessful tenderers have locus standi to challenge procurement tender awards, i.a. on the basis of corruption. They as well as parties involved in contracts may claim damages on several different bases if fraud or corruption can be proved. There is a perception that corruption is endemic in public procurement tender processes and that enforcement of anti-corruption legislation should be improved. It is to be hoped that the current review of the public procurement legislation would lead to less complicated and clearer legislation, as the current regulatory framework is overly complicated and difficult to police. Corruption must be addressed on various fronts, including through concerted information campaigns emphasising the deleterious effects of corruption. Full paper available on request from author.
Book Synopsis The Civil Law Consequences of Corruption Under South African Law by : Tjakie Naude
Download or read book The Civil Law Consequences of Corruption Under South African Law written by Tjakie Naude and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: South Africa has a fairly robust legislative framework to tackle corruption and is also party to several international conventions against corruption. The common law of contract regards the bribe agreement as void and the main agreement procured by corruption as voidable due to improperly obtained consensus. Whilst the bribe-giver would in principle not be entitled to claim restitution of the bribe, the rules on restitution are flexible and aimed at equitable outcomes. There are still some questions on the common law of contract and delict relating to bribery which would benefit from guidance by the courts, including in relation to restitution in respect of the main agreement. Public procurement contracts procured by corruption are likely to be challenged under administrative law. Legislation requires that contracting authorities cancel such contracts. Unsuccessful tenderers have locus standi to challenge procurement tender awards, i.a. on the basis of corruption. They as well as parties involved in contracts may claim damages on several different bases if fraud or corruption can be proved. There is a perception that corruption is endemic in public procurement tender processes and that enforcement of anti-corruption legislation should be improved. It is to be hoped that the current review of the public procurement legislation would lead to less complicated and clearer legislation, as the current regulatory framework is overly complicated and difficult to police. Corruption must be addressed on various fronts, including through concerted information campaigns emphasising the deleterious effects of corruption. Full paper available on request from author.
Criminal law efficiency is a concept often referred to but seldom defined. Clarity, the author argues, is necessary for finding practical solutions to fundamental challenges in this area of law, especially with the criminal justice system itself at risk. Tina Søreide offers views in contrast to mainstream ideas on optimal criminal law responses to corruption, with emphasis on the fundamental role of the criminal justice system in the fight against corruption, and the effect this can have on other mechanisms in society. Her analysis explains the concept of criminal law efficiency through economic approaches and why many criminal law responses to corruption are at risk of becoming ‘façade strategies’ that may, in fact facilitate corruption. Corruption and Criminal Justice offers insights into the obstacles that policymakers and government advisors cannot ignore. It serves as an invaluable resource for advanced students and academics interested in law, economics, and large corporations.
Book Synopsis Corruption and Criminal Justice by : Tina Søreide
Download or read book Corruption and Criminal Justice written by Tina Søreide and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal law efficiency is a concept often referred to but seldom defined. Clarity, the author argues, is necessary for finding practical solutions to fundamental challenges in this area of law, especially with the criminal justice system itself at risk. Tina Søreide offers views in contrast to mainstream ideas on optimal criminal law responses to corruption, with emphasis on the fundamental role of the criminal justice system in the fight against corruption, and the effect this can have on other mechanisms in society. Her analysis explains the concept of criminal law efficiency through economic approaches and why many criminal law responses to corruption are at risk of becoming ‘façade strategies’ that may, in fact facilitate corruption. Corruption and Criminal Justice offers insights into the obstacles that policymakers and government advisors cannot ignore. It serves as an invaluable resource for advanced students and academics interested in law, economics, and large corporations.
One of the civil law consequences of corruption currently prescribed under Chinese law is that a contract may be rendered void by virtue of its connection with corruption. By providing for five such circumstances, art 52 of China's Contract Law reflects an absolutist approach that nullifies any contract that comes into contact with illegal conduct such as bribery. Unfortunately, invalidating a contract in most of those circumstances carries the cost of potentially harming a bona fide third party. On closer scrutiny, it may even do a disservice to the very purpose it is supposed to serve, such as the protection of state assets. It is thus submitted that, except where the contract itself is used as a vehicle to carry out the bribery, the contract is not void by reason of its connection with the bribery, at least where the parties have reached a genuine agreement.
Book Synopsis Balancing Public Interest with Transactional Security by : Qiao Liu
Download or read book Balancing Public Interest with Transactional Security written by Qiao Liu and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the civil law consequences of corruption currently prescribed under Chinese law is that a contract may be rendered void by virtue of its connection with corruption. By providing for five such circumstances, art 52 of China's Contract Law reflects an absolutist approach that nullifies any contract that comes into contact with illegal conduct such as bribery. Unfortunately, invalidating a contract in most of those circumstances carries the cost of potentially harming a bona fide third party. On closer scrutiny, it may even do a disservice to the very purpose it is supposed to serve, such as the protection of state assets. It is thus submitted that, except where the contract itself is used as a vehicle to carry out the bribery, the contract is not void by reason of its connection with the bribery, at least where the parties have reached a genuine agreement.
This new edition of a 1999 classic shows how institutionalized corruption can be fought through sophisticated political-economic reform.
Book Synopsis Corruption and Government by : Susan Rose-Ackerman
Download or read book Corruption and Government written by Susan Rose-Ackerman and published by Cambridge University Press. This book was released on 2016-03-07 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of a 1999 classic shows how institutionalized corruption can be fought through sophisticated political-economic reform.
The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. § 201 (Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended to comply with the adoption of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the OECD Convention). The FCPA does not have a private right of action, but FCPA investigations and convictions have led to collateral civil actions, and it is predicted that as FCPA prosecutions increase in number, such collateral FCPA actions will also continue to increase. There is no federal law prohibiting private sector bribery per se, but thirty-seven states have enacted "commercial bribery" statutes that criminalize bribery and corruption on the state level. In addition, at the federal level, there are a variety of criminal and civil statutes that allow private parties to address corruption, including, but not limited to, mail and wire fraud statutes, securities and anti-trust laws, and the Travel Act. Furthermore, federal government contracts can be voided under certain criminal conflict of interest statutes. Finally, there are contract law principles that have found utility in instances where a contract has been tainted due to actual bribery or potential breach of fiduciary duty, such as illegality, public policy, and unclean hands.
Book Synopsis Civil Consequences of Corruption in International Commercial Contracts by : Padideh Ala'i
Download or read book Civil Consequences of Corruption in International Commercial Contracts written by Padideh Ala'i and published by . This book was released on 2014 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. § 201 (Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended to comply with the adoption of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the OECD Convention). The FCPA does not have a private right of action, but FCPA investigations and convictions have led to collateral civil actions, and it is predicted that as FCPA prosecutions increase in number, such collateral FCPA actions will also continue to increase. There is no federal law prohibiting private sector bribery per se, but thirty-seven states have enacted "commercial bribery" statutes that criminalize bribery and corruption on the state level. In addition, at the federal level, there are a variety of criminal and civil statutes that allow private parties to address corruption, including, but not limited to, mail and wire fraud statutes, securities and anti-trust laws, and the Travel Act. Furthermore, federal government contracts can be voided under certain criminal conflict of interest statutes. Finally, there are contract law principles that have found utility in instances where a contract has been tainted due to actual bribery or potential breach of fiduciary duty, such as illegality, public policy, and unclean hands.
This paper assesses the extent to which solutions under Dutch civil law complement and augment the public policy objectives underlying the criminalization of corruption in international business transactions. To this end, it explores the contractual and non-contractual consequences of contracts tainted by corruption as well as the rules of private international law that come into play with regard to such 'corrupt' contracts under Dutch law. The paper shows that contractual consequences as well as the evidential burden with respect to contracts that are the ultimate result of 'successful' acts of bribery, are gravely inconsistent with the public policy underlying criminalization. In addition, it explains that the traditional value-neutral approach of Dutch conflict of laws not only reduces the opportunity for courts to consider the 'better law' in cases concerning corrupt contracts but also does not preclude forum shopping for a more amendable system by corrupt actors. The implications of the interrelationship between Dutch substantive law and Dutch private international law means that correction mechanisms as do exist under the Dutch conflict rules, are strongly interwoven with Dutch substantive civil law. Therefore, for as long as Dutch substantive law falls short, Dutch private international law is also limited as a tool in fighting corruption. This paper emphasizes that Dutch Civil Law cannot remain isolated from the public policy underlying the criminalisation of corruption. The objective of bribery is, after all, the acquisition of an agreement or contract, in a manner that ultimately undermines the market as well as political and social institutions. By highlighting key areas where developments in Dutch private law and private international law are critically needed, this paper contributes to the growing discussion about the role of private law in the fight against corruption from the perspective of Dutch Law.
Book Synopsis Contracts Tainted by Corruption by : Abiola O. Makinwa
Download or read book Contracts Tainted by Corruption written by Abiola O. Makinwa and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper assesses the extent to which solutions under Dutch civil law complement and augment the public policy objectives underlying the criminalization of corruption in international business transactions. To this end, it explores the contractual and non-contractual consequences of contracts tainted by corruption as well as the rules of private international law that come into play with regard to such 'corrupt' contracts under Dutch law. The paper shows that contractual consequences as well as the evidential burden with respect to contracts that are the ultimate result of 'successful' acts of bribery, are gravely inconsistent with the public policy underlying criminalization. In addition, it explains that the traditional value-neutral approach of Dutch conflict of laws not only reduces the opportunity for courts to consider the 'better law' in cases concerning corrupt contracts but also does not preclude forum shopping for a more amendable system by corrupt actors. The implications of the interrelationship between Dutch substantive law and Dutch private international law means that correction mechanisms as do exist under the Dutch conflict rules, are strongly interwoven with Dutch substantive civil law. Therefore, for as long as Dutch substantive law falls short, Dutch private international law is also limited as a tool in fighting corruption. This paper emphasizes that Dutch Civil Law cannot remain isolated from the public policy underlying the criminalisation of corruption. The objective of bribery is, after all, the acquisition of an agreement or contract, in a manner that ultimately undermines the market as well as political and social institutions. By highlighting key areas where developments in Dutch private law and private international law are critically needed, this paper contributes to the growing discussion about the role of private law in the fight against corruption from the perspective of Dutch Law.
Much of the devastation caused by the recent earthquake in Turkey was the result of widespread corruption between the construction industry and government officials. Corruption is part of everyday public life and we tend to take it for granted. However, preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book is designed to help citizens and public officials diagnose, investigate and prevent various kinds of corrupt and illicit behaviour. It focuses on systematic corruption rather than the free-lance activity of a few law-breakers, and emphasises practical preventive measures rather than purely punitive or moralistic campaigns.
Book Synopsis Corrupt Cities by :
Download or read book Corrupt Cities written by and published by World Bank Publications. This book was released on 2000 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the devastation caused by the recent earthquake in Turkey was the result of widespread corruption between the construction industry and government officials. Corruption is part of everyday public life and we tend to take it for granted. However, preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book is designed to help citizens and public officials diagnose, investigate and prevent various kinds of corrupt and illicit behaviour. It focuses on systematic corruption rather than the free-lance activity of a few law-breakers, and emphasises practical preventive measures rather than purely punitive or moralistic campaigns.
In Addressing Corruption Allegations in International Arbitration, Brody K. Greenwald and Jennifer A. Ivers draw upon their experience in international arbitrations involving allegations of corruption to provide a comprehensive overview of the key issues that arise in these high-stakes cases.
Book Synopsis Addressing Corruption Allegations in International Arbitration by : Brody Greenwald
Download or read book Addressing Corruption Allegations in International Arbitration written by Brody Greenwald and published by BRILL. This book was released on 2019-08-26 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Addressing Corruption Allegations in International Arbitration, Brody K. Greenwald and Jennifer A. Ivers draw upon their experience in international arbitrations involving allegations of corruption to provide a comprehensive overview of the key issues that arise in these high-stakes cases.
