Corruption, Integrity and the Law : Global Regulatory Challenges.

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- List of contributors -- Part I Introduction -- Chapter 1 The global anti-corruption framework: Lights, shadows and prospects -- Where were we? -- The global anti-corruption framework and its sources -- Negative measures -- Positive measures: the limits of responsibilisation -- Looking forward: critique and recommendations -- Conclusions -- References -- Part II Criminal justice: international and national frameworks -- Chapter 2 The fight against international corruption: A call for a global approach in corporate criminal liability law and procedure -- Introduction: The need for a global approach in corporate criminal liability law -- The international conventions against corruption: lights and shadows -- Corporate criminal liability in light of international conventions against corruption and the Italian experience -- Contrasting international corruption through corporate criminal liability: the issues at stake -- Some proposals to improve efforts to fight internal and international corruption -- References -- Chapter 3 What role does competition law have to play in the prosecution of financial crime in the UK? -- Introduction -- The LIBOR scandal and competition law in the UK -- UK prosecutions following the LIBOR scandal -- Competition law in the UK: Is it relevant to the financial crime of benchmark rate fixing? -- Competition law measures following the LIBOR scandal -- Competition legislation introduced following the LIBOR scandal -- The future of competition law enforcement of financial crime in the UK -- Conclusion -- References -- Chapter 4 The fight against corruption in the Italian legal system between repression and prevention -- The relentless changes to the anti-corruption system in Italy.

Corruption offences: positive changes and persistent critical issues -- The most recent tools introduced to 'wipe out corruption': new exemption provisions and new means of assessing the commission of offences -- Whistle-blowing and the 'culture of legality' -- Conclusion -- References -- Part III The escape from criminal law: deferred prosecutions agreements and financial sanctions -- Chapter 5 Corruption, regulation and the law: The power not to prosecute under the UK Bribery Act 2010 -- Introduction -- The problems of national prosecution of companies -- The shift from old to new governance -- Regulatory Actions -- The UK Bribery Act 2010 -- Section 7 and Deferred Prosecution Agreement (DPA) -- Reasonable Doubts about DPAs -- Conclusion -- References -- Chapter 6 Justice deferred is justice denied?: The jury's out -- Introduction -- Deferred prosecution agreements in the United States of America -- Background to deferred prosecution agreements in the United Kingdom -- Deferred prosecution agreements in the United Kingdom -- Conclusion -- References -- Chapter 7 Deferred prosecution agreements and the restorative justice paradigm: Justice restored or corporate cop out? -- Introduction -- Restorative justice -- Deferred prosecution agreements -- Discretion -- Contractual agreement -- Collateral consequences -- Compliance procedures: the question of reintegration and rehabilitation -- Conclusion -- References -- Chapter 8 Financial sanctions as a weapon for combatting grand corruption -- Introduction -- Misappropriation sanctions in context -- Misappropriation sanctions as a response to grand corruption -- Issues particular to misappropriation sanctions in connection with legal challenges -- The appropriateness of continuing reliance on misappropriation sanctions -- Conclusions -- References -- Part IV Information as evidence: whistle-blowing.

Chapter 9 Keep the canaries singing: Are whistle-blowers in Nigeria adequately protected? -- Introduction -- Legislation and corporate governance protection in Nigeria -- Results to date -- Weaknesses of legislative protection in Nigeria -- Other hurdles to combatting corruption -- Conclusion -- References -- Chapter 10 Vulnerabilities, obstacles and risks in reporting financial crimes: Conundrum of whistle-blowers -- Introduction -- SwissLeaks case -- LuxLeaks case -- Conclusion -- References -- Part V Information as integrity: bank secrecy and non-financial reporting -- Chapter 11 'Follow-ing the money' ten years on: Transparency and the fight against banking secrecy -- Introduction -- Historical and geopolitical drivers of offshore financial centres, banking secrecy and tax havens -- The UK: the creation of an 'imperial' network of offshore financial centres -- Contemporary OFCs, tax havens and secrecy jurisdictions -- Transparency, information sharing and the battle against 'uncooperative jurisdictions' -- Creating a tax haven in plain sight: the City of London and its 'dependencies' -- Conclusion -- References -- Chapter 12 Information, power and the fight against tax havens -- Introduction -- Defining tax havens -- Information and the fight against tax evasion -- Power in global governance -- Conclusion -- References -- Chapter 13 The communication of non-financial information according to the Directive 2014/95/EU as an instrument for the promotion of corporate integrity in Europe -- Introduction -- The Directive and its implementation -- The impact of the Directive on the management of undertakings -- The duty of disclosure of non-financial and possible interferences with and criminal law -- Conclusions -- References -- Part VI Beyond ethical codes: reshaping culture and values.

Chapter 14 The fight against and prevention of corruption: The case of Switzerland and implications for Swiss firms with business activities abroad -- Context -- The state of research on corruption and anti-corruption programs -- The present study: research questions, methodology and characteristics of the responding firms -- General findings on the level of corruption experienced by Swiss firms while doing business abroad -- Predictors of bribe request for Swiss firms -- Swiss firms and the perception of corruption -- Investments in anti-corruption measures: reaction to corruption incidents? -- Strengths and limitations -- Discussion -- Conclusion -- Funding -- References -- Chapter 15 The practice of anti-corruption and integrity of government: On the moral learning side of the story -- Introduction -- From anti-corruption to integrity -- A toolkit from behavioural science -- Towards installing a moral learning process -- Concluding remarks -- References -- Chapter 16 Ethical integration in EU law: The prevailing normative theories in EGE opinions -- Introduction -- Ethics in EU law -- EGE as a paramount protagonist within the European Commission: History, institutional structure and opinions -- Major findings -- Concluding remarks and outlook -- References -- Index.

This book provides a unique interdisciplinary assessment of the global anti-corruption legal framework. It gathers top experts in different fields of both the academic and the professional world to analyse legal instruments in the attempt of establishing an interdisciplinary and comparative dialogue between theory and practice.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.