In the midst of dramatic corruption scandals, South American countries have passed some of the most noteworthy anticorruption legislation in the region’s history. This Article examines the wave of anticorruption reforms and how international law, and in particular anticorruption treaties, has had an important influence on the content of these reforms. Specifically, this Article argues that that the OECD Anti-Bribery Working Group has acted as a political entrepreneur, advocating for specific and meaningful reforms. The influence of international law was critical in ensuring that the reforms adopted during these corruption scandals were robust and that the opportunity presented by these scandals was not lost. This Article also makes several important contributions to the growing field of anticorruption law. First, it applies a theory of government decision-making during crises to the South American corruption crisis. Drawing on theories of reform during financial crises, this Article explains how corruption crises present unique opportunities for popular reforms to take hold. Second, this Article discusses how political entrepreneurs, including the international bodies responsible for implementing anticorruption treaties, can use international law and global standards to promote meaningful reforms. Third, this Article traces recent anticorruption reforms in multiple South American countries to illustrate these processes in action. This Article illustrates how countries that were members of the OECD Anti-Bribery Convention responded systematically differently to corruption crises than non-member countries. Finally, this Article demonstrates how interwoven international and national law have become in the anticorruption field. International law not only has influence by providing global rules, but also by offering credible policy recommendations in times of national crisis.
{"title":"Never waste a crisis","authors":"Rachel Brewster, Andrés Ortiz","doi":"10.4324/9781003174639-5","DOIUrl":"https://doi.org/10.4324/9781003174639-5","url":null,"abstract":"In the midst of dramatic corruption scandals, South American countries have passed some of the most noteworthy anticorruption legislation in the region’s history. This Article examines the wave of anticorruption reforms and how international law, and in particular anticorruption treaties, has had an important influence on the content of these reforms. Specifically, this Article argues that that the OECD Anti-Bribery Working Group has acted as a political entrepreneur, advocating for specific and meaningful reforms. The influence of international law was critical in ensuring that the reforms adopted during these corruption scandals were robust and that the opportunity presented by these scandals was not lost. This Article also makes several important contributions to the growing field of anticorruption law. First, it applies a theory of government decision-making during crises to the South American corruption crisis. Drawing on theories of reform during financial crises, this Article explains how corruption crises present unique opportunities for popular reforms to take hold. Second, this Article discusses how political entrepreneurs, including the international bodies responsible for implementing anticorruption treaties, can use international law and global standards to promote meaningful reforms. Third, this Article traces recent anticorruption reforms in multiple South American countries to illustrate these processes in action. This Article illustrates how countries that were members of the OECD Anti-Bribery Convention responded systematically differently to corruption crises than non-member countries. Finally, this Article demonstrates how interwoven international and national law have become in the anticorruption field. International law not only has influence by providing global rules, but also by offering credible policy recommendations in times of national crisis.","PeriodicalId":355392,"journal":{"name":"The Transnationalization of Anti-Corruption Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130732876","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}
Régis Bismuth, Jan Dunin-Wasowicz, Philip M. Nichols
The last twenty years have witnessed an astonishing transformation: the fght against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and infuencing the regime, including specifc legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.
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