Corruption
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Corruption

Economic Analysis and International Law

Marco Arnone and Leonardo S. Borlini

Corruption presents many legal and regulatory challenges, but these challenges cannot be met by the law in isolation. This book presents economic analysis of crime as an essential tool for shaping an effective legal apparatus. The authors contend that in order to assess whether and how to regulate corruption, it is necessary to start with a thorough inquiry into the causes, institutional and social effects, and most of all, actual and potential economic and financial consequences of crimes. This, they argue, should inform and help shape a balanced legal and regulatory approach to corruption.
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Chapter 13: Jurisdictional issues

Marco Arnone and Leonardo S. Borlini

Extract

The primary criminal issues generally covered by the anti-bribery treaties deal with the offenses being criminalized by the Contracting Parties; typology and level of sanctions; liability of legal persons; jurisdictional criteria; statute of limitations and provisions on international (criminal) cooperation. After having addressed the provisions regarding offenses, sanctions, liability of legal persons - that is to say the main substantive criminal issues - we now attempt to conduct a horizontal examination of the different conventions' provisions with reference to competence ratione loci and the mechanisms of judicial cooperation foreseen by the instruments under analysis.

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