Between Impunity and Imperialism

The Regulation of Transnational Bribery

Kevin E. Davis

Provides alternatives to conventional U.S. approaches to anti-bribery law
Includes case studies of high-profile enforcement actions
Comprehensively surveys the pros and cons of alternative legal responses to bribery

Between Impunity and Imperialism

The Regulation of Transnational Bribery

Kevin E. Davis

Description

When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.

Between Impunity and Imperialism

The Regulation of Transnational Bribery

Kevin E. Davis

Chapter 1: Introduction
Chapter 2: Imperial anti-corruption law
Chapter 3: The birth of modern transnational bribery law
Chapter 4: The modern regime
Chapter 5: Criteria for evaluation
Chapter 6: What is bribery?
Chapter 7: Prohibitions that extend beyond bribery
Chapter 8: When should organizations be liable for foreign bribery?
Chapter 9: How should transnational bribery law be enforced?
Chapter 10: How should responsibility for regulation be allocated?
Chapter 11: Concluding thoughts

Between Impunity and Imperialism

The Regulation of Transnational Bribery

Kevin E. Davis

Author Information

Kevin E. Davis, Beller Family Professor of Business Law, New York University School of Law

Kevin E. Davis is Beller Family Professor of Business Law at New York University School of Law.

Between Impunity and Imperialism

The Regulation of Transnational Bribery

Kevin E. Davis

Reviews and Awards

"No other book on corruption that I know of zeroes in on the questions of how to combat foreign bribery in our times in such a thoughtful and comprehensive way. Not only should every prosecutor and international organization official engaged in the fight against transnational bribery read this book, but so should anyone who is interested in the policy issues or has had a brush with the current system from a private sector vantage point." - Lucinda Low, Partner, Steptoe & Johnson

"Kevin Davis has written a truly unconventional book, he dares put in question the established U.S. and OECD standards against foreign bribery. He makes it clear that we are fighting foreign bribery in our own interest. All believers in the U.S. FCPA and in the OECD Convention on foreign bribery should read this book." - Mark Pieth, Professor of Criminal Law and Criminology, University of Basel

"Transnational bribery is a serious global problem, but as Kevin Davis argues, in his provocative and wide ranging critique, domestic and international law enforcement is often misdirected. Different societies have distinctive vulnerabilities that are not reflected in present-day enforcement priorities. A more effective response would look beyond prevention and deterrence to assess the costs and benefits of alternative strategies in diverse settings." - Susan Rose -Ackerman, Henry R. Luce Professor Emeritus of Law and Political Science, Yale University