Negotiated Settlements in Bribery Cases
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Negotiated Settlements in Bribery Cases

A Principled Approach

Edited by Tina Søreide and Abiola Makinwa

This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
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Chapter 11: What counts as a good settlement?

Kevin E. Davis

Abstract

This chapter discusses the criteria that ought to be used to evaluate negotiated solutions in transnational bribery cases and the rules that govern them. The premise is that the rules that govern negotiated resolutions should, at the very least, conform to the principles set out in the United Nations Convention against Corruption. The UN Convention suggests that the objectives of anti-corruption initiatives include effectiveness, efficiency, and due process, with condemnation, compensation, and prevention as subsidiary objectives. In addition, the anti-bribery regime generally should allocate power and resources legitimately and fairly. Both the rules which govern negotiated resolutions and the resolutions themselves ought to be evaluated in terms of the extent to which they achieve all of these objectives. However, the range of ways of defining and weighting these objectives, combined with the difficulty of assessing the harm associated with any given instance of misconduct, makes it unlikely that there will be any consensus about how to evaluate any given resolution or resolution process.

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