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Fight Against International Corruption, "Hegemony" of American Criminal Law and Involvement in Multinational Enterprises

Authors: Marshall, Christopher;

Fight Against International Corruption, "Hegemony" of American Criminal Law and Involvement in Multinational Enterprises

Abstract

The phenomenon of corruption is a type of crime with many faces which has been studied for years only in the context of national legislation. This monographic work seeks to shed light, we dare say for the first time, on the phenomenon of corruption at a global level and in a restrictive circle and connection with multinational enterprises. Thus we see in our analysis the differences between “law in the books” and “law in action” in light of the most recent developments in the application of both American and European legislation in a comparative way. Our work carried out an investigation within the framework of the criminalization process through the instrument of international conventions as inspired by the Foreign Corrupt Practices Act (FCPA) of 1977, i.e. of an American legislative nature, continuing afterwards to ascertain the ineffectiveness of this system. Our investigation follows an analytical examination of American law which highlights the characteristics that allow global application and a level of enforcement as a basis for prevention and identification of the implications that arise for multinationals as well as for foreign countries. Within this system, the global model is filled with the provisions that are provided for through the anti-corruption system that was established by the FCPA.

Keywords

corruption, anti-corruption policy, criminal law, criminal comparative law, American criminal law, international criminal justice, FCPA, OECD Convention, criminalization, anti-bribery system, SEC, DoJ.

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selected citations
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This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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