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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 10: The emergence of an international framework: regional, international, and multilateral treaties and initiatives

Marco Arnone and Leonardo S. Borlini


Approximately a quarter of century after the adoption of the FCPA, there now exists a substantial and evolving array of international conventions to combat bribery. The emergence of common international legal standards stands as one of the essential pillars for a long-term anti-corruption policy. In this respect, the Chief of Crime Conventions Section of the United Nations Office on Drugs and Crime (UNODC) maintains that: the gradual understanding of both the scope and seriousness of the problem of corruption can be seen in the evolution of international action against it, which has progressed from general consideration and declarative statements, to the formulation of practical advice, and then to the development of binding legal obligations and the emergence of numerous cases in which countries have sought assistance from other countries in investigating and prosecuting corruption and in tracing, freezing, confiscating and recovering proceeds of corruption offences. (Vlassis, 2007: 17)

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