This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the future. The principle result of the book is a three-pronged Anti-Bribery Corruption Model (so called ABC Model), endorsed by the United Nations, intended as a corruption prevention tool intended to be adopted by private corporations. This work provides a common, research-based standard for anti-bribery compliance programs, with international applications. This work will be of interest to researchers studying Criminology and Criminal Justice, particularly in the areas of organized crime and corruption, as well as related areas like Business Ethics and Comparative International Law.
Содержание
Part I: Moving towards the ABC Model: A General Overview.- Towards an Anti-bribery Compliance Model: Methods and Strategies for a “Hybrid Normativity”.- The Universal Approach of the United Nations Convention against Corruption.- The Private Sector Role in the Fight Against Corruption.- Public–Private Partnerships and Agency Problems: The Use of Incentives in Strategies to Combat Corruption.- Internal Investigations, Whistleblowing and Cooperation: The Struggle for Information in the Criminal Process.- Collective Action and Corruption.- Part II: The ABC Model.- The ABC Model.- A Draft of an Anti-Bribery Compliance Program Recommended to Corporations Operating in a Multinational Environment.- Part III: Background Analysis for the ABC Model: Compliance Programs in Practice.- The Anti-Corruption Compliance Program Benchmarking Assessment in the Oil and Gas Industry: Methodology and Achievements.- Empirical Features of International Bribery Practice: Evidence from FCPA Enforcement Actions.- Part IV: The ABC Model and International Legal Framework: Rules, Controls and Sanctions.- Corporate Anti-Bribery Self-Regulation and the International Legal Framework.- An Anti-Corruption Ethics and Compliance Program for Business: A Practical Guide.- The Role of the G20 and B20 in the Fight Against Corruption.- Emerging Control of and Sanctions against Corruption: The ICC.- Globalizing the Fight against Corruption.- The Fight Against Corruption: The World Bank Debarment Policy.- Part V: The ABC Model and Criminal Justice: The National Legal Context.- Compliance Programs and Criminal Law Responses: A Comparative Analysis.- An Analysis of Institutional Guidance and Case Law in the United States Pertaining to Compliance Programs.- Corporate Responsibility and Compliance Programs in Italian Case Law.- Corporate Responsibility and Compliance Programs in Australia.- Corporate Responsibility and Compliance Programs in Canada.- Corporate Responsibility and Compliance Programsin China.- Corporate Liability and Compliance Programs in France.- Corporate Responsibility and Compliance Programs in Switzerland.- Corporate Responsibility and Compliance Programs in the United Kingdom.- Appendix: Questionnaire: Anti-Corruption Compliance Program Benchmarking Assessment.
Об авторе
Stefano Manacorda (BA University of Naples; LLM Université Paris 1 Panthéon Sorbonne; Ph D University of Florence), is a professor of Criminal Law at the University of Naples, associated at the Ecole de Droit de la Sorbonne — Université Paris 1 and director of the research team “Internormativities in Criminal Law” at the Collège de France. He is Vice-President of SIDS (Société internationale de Défense sociale), of ARPE (Association de Recherches Pénales Européennes) of ISPAC (International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme). He has published extensively in the fields of European, Comparative and International Criminal Law. He is the author of more than one hundred scientific articles in several languages and has published eleven books in the area of European, International and Comparative Law.
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