This paper evaluates how a given jurisdiction reacts to corruption based on the institutional evaluation of the National Integrity System (NIS). The Brazilian institutional evolution of the NIS is examined in relation to one of the 13 pillars, to wit, the “business environment” pillar. From this perspective, the purpose is to confirm to what extent the business environment generates conditions to fight corruption from an institutional perspective, in accordance with the Sustainable Development Goals (SDG) 16, in particular, 16.5 (corruption and bribery in all their forms) and 16.6 (development of accountable and transparent institutions). The research is limited, however, to the period from 2001 to 2017; despite the long lapse of time, it involves a transition phase, during which significant law amendments took place and, as a consequence, their initial effects were felt in the private business sector.
{"title":"Business environment pillar: Analysis of the institutional evolution in Brazil (2001-2017)","authors":"Ligia Maura Costa, L. Pagotto, A. Mustafa","doi":"10.5339/ROLACC.2018.10","DOIUrl":"https://doi.org/10.5339/ROLACC.2018.10","url":null,"abstract":"This paper evaluates how a given jurisdiction reacts to corruption based on the institutional evaluation of the National Integrity System (NIS). The Brazilian institutional evolution of the NIS is examined in relation to one of the 13 pillars, to wit, the “business environment” pillar. From this perspective, the purpose is to confirm to what extent the business environment generates conditions to fight corruption from an institutional perspective, in accordance with the Sustainable Development Goals (SDG) 16, in particular, 16.5 (corruption and bribery in all their forms) and 16.6 (development of accountable and transparent institutions). The research is limited, however, to the period from 2001 to 2017; despite the long lapse of time, it involves a transition phase, during which significant law amendments took place and, as a consequence, their initial effects were felt in the private business sector.","PeriodicalId":34088,"journal":{"name":"Rule of Law and AntiCorruption Center Journal","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85330107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Editorial forward by the Managing Editor","authors":"R. Al-Ansari","doi":"10.5339/ROLACC.2018.7","DOIUrl":"https://doi.org/10.5339/ROLACC.2018.7","url":null,"abstract":"","PeriodicalId":34088,"journal":{"name":"Rule of Law and AntiCorruption Center Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83531893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
1. Premise. 2. The essential characteristics of an effective model for preventing corruption. 3. The process of contamination between models devised for preventing corruption in different contexts. 4. The distinctive traits of the public sector model adopted under Italian Law no. 190/2012. 5. The private sector model traits pursuant to Italian Legislative Decree no. 231/2001. 6. The point of intersection between the private and public sector models: private companies controlled by public bodies. 7. The scope of the different models involved. 8. Closing remarks on the effectiveness of these models: simple laws, effective procedural models and the ethical responsibility of public sector employees and economic operators.
{"title":"Assessment of the effectiveness of anti-corruption measures for the public sector and for private entities","authors":"Nicoletta Parisi","doi":"10.5339/ROLACC.2018.2","DOIUrl":"https://doi.org/10.5339/ROLACC.2018.2","url":null,"abstract":"1. Premise. 2. The essential characteristics of an effective model for preventing corruption. 3. The process of contamination between models devised for preventing corruption in different contexts. 4. The distinctive traits of the public sector model adopted under Italian Law no. 190/2012. 5. The private sector model traits pursuant to Italian Legislative Decree no. 231/2001. 6. The point of intersection between the private and public sector models: private companies controlled by public bodies. 7. The scope of the different models involved. 8. Closing remarks on the effectiveness of these models: simple laws, effective procedural models and the ethical responsibility of public sector employees and economic operators.","PeriodicalId":34088,"journal":{"name":"Rule of Law and AntiCorruption Center Journal","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76250757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Editorial forward by the Editor-in-Chief","authors":"Dr. Ali bin Fetais Al Marri","doi":"10.5339/rolacc.2018.1","DOIUrl":"https://doi.org/10.5339/rolacc.2018.1","url":null,"abstract":"","PeriodicalId":34088,"journal":{"name":"Rule of Law and AntiCorruption Center Journal","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87785261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Corruption and combating corruption is one of the most important challenges for both developing and developed countries. Corruption is a serious threat to principles and values of any government. It undermines the enforcement of the rule of law and compromises democracy. In the early 1990s, corporate social responsibility (CSR) codes of conduct emerged as an effective mechanism for integrating responsible economic practices against corruption. However, the question that arises is whether this self-regulatory instrument has any impact on the practice and policy of companies with respect to corruption. This study addresses this question through an analysis of the provisions related to corruption issues embodied in international conventions and guidelines, the norms or standards of oil and gas associations, NGOs, international and multilateral organizations. In particular, this paper examines how Petrobras, the giant Brazilian oil and gas company, responds to corruption in its CSR code of conduct. Using a comparative analysis of Petrobras’ policy and practice as expressed in its CSR statements and the related provisions embodied in the international framework, this study examines the extent to which provisions included in Petrobras’ CSR code of conduct are consistent with the belief of the current international framework system. Finally, this paper investigates the responses to questionnaires related to CSR codes of conduct of oil and gas companies operating in Brazil.
{"title":"Corruption and corporate social responsibility codes of conduct: The case of Petrobras and the oil and gas sector in Brazil","authors":"Ligia Maura Costa","doi":"10.5339/ROLACC.2018.6","DOIUrl":"https://doi.org/10.5339/ROLACC.2018.6","url":null,"abstract":"Corruption and combating corruption is one of the most important challenges for both developing and developed countries. Corruption is a serious threat to principles and values of any government. It undermines the enforcement of the rule of law and compromises democracy. In the early 1990s, corporate social responsibility (CSR) codes of conduct emerged as an effective mechanism for integrating responsible economic practices against corruption. However, the question that arises is whether this self-regulatory instrument has any impact on the practice and policy of companies with respect to corruption. This study addresses this question through an analysis of the provisions related to corruption issues embodied in international conventions and guidelines, the norms or standards of oil and gas associations, NGOs, international and multilateral organizations. In particular, this paper examines how Petrobras, the giant Brazilian oil and gas company, responds to corruption in its CSR code of conduct. Using a comparative analysis of Petrobras’ policy and practice as expressed in its CSR statements and the related provisions embodied in the international framework, this study examines the extent to which provisions included in Petrobras’ CSR code of conduct are consistent with the belief of the current international framework system. Finally, this paper investigates the responses to questionnaires related to CSR codes of conduct of oil and gas companies operating in Brazil.","PeriodicalId":34088,"journal":{"name":"Rule of Law and AntiCorruption Center Journal","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87984099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Islamic legal system differs from other legal traditions, such as civil law, based on codification or common law based on binding judicial precedents. In Islamic law, there is neither a history of codification of law, nor a reliance on binding legal precedents. The process of ijtihad (analogical deduction) in Islamic (Sharie‘a) law, however, is similar to case law model. In this regard, Muslim scholars interpretation of the Sharie‘a rules and divine (God)’s law were based on the Qur'anic provisions and the authentic Sunnah (Prophet Mohammad) traditions. The chief sources of Islamic criminal law are the Qur'an, Sunnah, ijma‘a (consensus), Qiyyas (individual reasoning) along with other supplementary sources.Where the principles of the Qur'an and Sunnah do not sufficiently resolve a legal issue, Muslim intellectuals use Fiqh (jurisprudence) which is the process of deducing and applying Sharie‘a values to reach a legal purpose and its methodologies and implementation are many, as numerous schools of jurisprudential (Sunni and Shie‘aa) thought (Hanafi, Maliki, Shafi‘i, and Hanbali) transpires.4 This article will deal with the main principles of the Islamic criminal justice system regarding corruption and bribery from a descriptive viewpoint and will conclude that there is no real difference between the Islamic system and the positive justice mechanisms.
{"title":"White-collar crimes, corruption and bribery in Islamic criminal law: Lacuna and conceivable Paths","authors":"M. Arafa","doi":"10.5339/ROLACC.2018.3","DOIUrl":"https://doi.org/10.5339/ROLACC.2018.3","url":null,"abstract":"The Islamic legal system differs from other legal traditions, such as civil law, based on codification or common law based on binding judicial precedents. In Islamic law, there is neither a history of codification of law, nor a reliance on binding legal precedents. The process of ijtihad (analogical deduction) in Islamic (Sharie‘a) law, however, is similar to case law model. In this regard, Muslim scholars interpretation of the Sharie‘a rules and divine (God)’s law were based on the Qur'anic provisions and the authentic Sunnah (Prophet Mohammad) traditions. The chief sources of Islamic criminal law are the Qur'an, Sunnah, ijma‘a (consensus), Qiyyas (individual reasoning) along with other supplementary sources.Where the principles of the Qur'an and Sunnah do not sufficiently resolve a legal issue, Muslim intellectuals use Fiqh (jurisprudence) which is the process of deducing and applying Sharie‘a values to reach a legal purpose and its methodologies and implementation are many, as numerous schools of jurisprudential (Sunni and Shie‘aa) thought (Hanafi, Maliki, Shafi‘i, and Hanbali) transpires.4 This article will deal with the main principles of the Islamic criminal justice system regarding corruption and bribery from a descriptive viewpoint and will conclude that there is no real difference between the Islamic system and the positive justice mechanisms.","PeriodicalId":34088,"journal":{"name":"Rule of Law and AntiCorruption Center Journal","volume":"774 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77522919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Whistleblowing, the act of reporting or disclosing wrongdoing, is widely proven to have a practically useful mechanism in fighting corruption in public and private sectors. Within the ambit of the whistleblowing framework, the disclosure of corrupt practices is primarily justifiable only on the ground that the action is genuinely directed towards protecting the interest of the public. The usual benefit of financial reward to whistleblowers is secondary, as it basically aims at encouraging individual employees to expose unethical misconducts in their organizations. Regardless of this, whistleblowing intrinsically benefits the public as well as the individual(s) who raises the alarm against any dishonest acts. However, despite its benefits to the public and the individual informant, whistleblowing attracts certain heavy costs, mainly on the part of the whistleblower, mostly in the form of victimization or witch hunting, retaliation, denial of work-related benefits, recrimination, suspension from work and even dismissal, for their involvement in disclosure wrongdoing. Impliedly, besides its valuable attributes as an important anti-corruption weapon and mechanism for incentivizing the citizens, there is the “other side” of the whistleblowing practice. Using some practical examples and experiences from Nigeria, this paper demonstrates that there is the “other side” of whistleblowing, and concludes that the practice, indeed, has distinct dual sides, especially in the absence of a well-articulated legal framework for protection of whistleblowers, as in the case of Nigeria. Thus, in this paper, we basically argue that the Nigerian government should take immediate actions to enact a comprehensive whistleblowers' protection law, so as to guarantee adequate protection of informants, who risk their lives to expose corruption acts in the interest of the public, from likely abuses. As this study is a qualitative and theoretical research, we adopt the documentary methods of data collection and analysis. These approaches were preferred as they will allow for the objective interrogation of the subject matter under consideration and the achievement of the study's objective.
{"title":"The “other side” of whistleblowing practice: Experiences from Nigeria","authors":"Solomon I. Ifejika","doi":"10.5339/ROLACC.2018.4","DOIUrl":"https://doi.org/10.5339/ROLACC.2018.4","url":null,"abstract":"Whistleblowing, the act of reporting or disclosing wrongdoing, is widely proven to have a practically useful mechanism in fighting corruption in public and private sectors. Within the ambit of the whistleblowing framework, the disclosure of corrupt practices is primarily justifiable only on the ground that the action is genuinely directed towards protecting the interest of the public. The usual benefit of financial reward to whistleblowers is secondary, as it basically aims at encouraging individual employees to expose unethical misconducts in their organizations. Regardless of this, whistleblowing intrinsically benefits the public as well as the individual(s) who raises the alarm against any dishonest acts. However, despite its benefits to the public and the individual informant, whistleblowing attracts certain heavy costs, mainly on the part of the whistleblower, mostly in the form of victimization or witch hunting, retaliation, denial of work-related benefits, recrimination, suspension from work and even dismissal, for their involvement in disclosure wrongdoing. Impliedly, besides its valuable attributes as an important anti-corruption weapon and mechanism for incentivizing the citizens, there is the “other side” of the whistleblowing practice. Using some practical examples and experiences from Nigeria, this paper demonstrates that there is the “other side” of whistleblowing, and concludes that the practice, indeed, has distinct dual sides, especially in the absence of a well-articulated legal framework for protection of whistleblowers, as in the case of Nigeria. Thus, in this paper, we basically argue that the Nigerian government should take immediate actions to enact a comprehensive whistleblowers' protection law, so as to guarantee adequate protection of informants, who risk their lives to expose corruption acts in the interest of the public, from likely abuses. As this study is a qualitative and theoretical research, we adopt the documentary methods of data collection and analysis. These approaches were preferred as they will allow for the objective interrogation of the subject matter under consideration and the achievement of the study's objective.","PeriodicalId":34088,"journal":{"name":"Rule of Law and AntiCorruption Center Journal","volume":"323 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80298944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
شددت اتفاقية الأمم المتحدة لمكافحة الفساد على ضرورة تحقيق التوازن بين الحصانة وبين فاعلية المواجهة الجزائية لظاهرة الفساد، بالرغم من أن الواقع العملي غير ذلك؛ لذا، لا يمكن تحقيق ذلك التوازن إلا بالحد من تلك الحصانات، من خلال حصر مفعولها في الإجراءات الماسة بشخص المتمتع بالحصانة وبحرمة مسكنه، مع ضرورة أن يكون الفصل في طلب رفع الحصانة بواسطة جهة قضائية محايدة، موضوعية، ومستقلة، وذلك بناء على إجراءات عملية، واضحة، ومضبوطة بمدة معينة، بحيث تكون سريعة.
{"title":"الحصانة من منظور المواجهة الجزائية لظاهرة الفساد في التشريع الفلسطيني","authors":"أحمد براك","doi":"10.5339/rolacc.2020.2","DOIUrl":"https://doi.org/10.5339/rolacc.2020.2","url":null,"abstract":"شددت اتفاقية الأمم المتحدة لمكافحة الفساد على ضرورة تحقيق التوازن بين الحصانة وبين فاعلية المواجهة الجزائية لظاهرة الفساد، بالرغم من أن الواقع العملي غير ذلك؛ لذا، لا يمكن تحقيق ذلك التوازن إلا بالحد من تلك الحصانات، من خلال حصر مفعولها في الإجراءات الماسة بشخص المتمتع بالحصانة وبحرمة مسكنه، مع ضرورة أن يكون الفصل في طلب رفع الحصانة بواسطة جهة قضائية محايدة، موضوعية، ومستقلة، وذلك بناء على إجراءات عملية، واضحة، ومضبوطة بمدة معينة، بحيث تكون سريعة.","PeriodicalId":34088,"journal":{"name":"Rule of Law and AntiCorruption Center Journal","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89254613","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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