Edited by Julio Faundez and Celine Tan
Chapter 13: Does the Globalization of Anti-Corruption Law Help Developing Countries?
13. Does the globalization of anticorruption law help developing countries? Kevin E. Davis* 1. INTRODUCTION What role do foreign institutions play in combating political corruption in developing countries? This chapter attempts to shed light on this question by examining the impact on developing countries of the elaborate transnational anti-corruption regime that has emerged in recent years. The centrepieces of that regime are dedicated treaties such as the Organisation for Economic Co-operation and Development’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (‘OECD Convention’) and the United Nations Convention against Corruption (‘UN Convention’). However, the regime also encompasses a range of other legal instruments, including the anti-corruption policies of international financial institutions, components of the international antimoney laundering regime, international norms governing government procurement, and private law norms concerning enforcement of corruptly procured contracts. The idea that foreign legal institutions can step in and be of assistance when their domestic counterparts are found wanting, which some might call a form of legal globalization (others might call it ‘institutional piggy-backing’), is a familiar one in modern legal thought. For instance, the international investment regime is typically justified by reference to the idea that investor–state arbitration can usefully compensate * Beller Family Professor of Business Law, New York University School of Law. I am grateful for comments on an earlier version from Indira Carr, Robert Howse, James Jacobs, Guillermo Jorge, and Benedict Kingsbury, as well as Julio Faundez and Celine Tan (the editors). I am also grateful for the...
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