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Between Impunity and ImperialismThe Regulation of Transnational Bribery$
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Kevin E. Davis

Print publication date: 2019

Print ISBN-13: 9780190070809

Published to Oxford Scholarship Online: August 2019

DOI: 10.1093/oso/9780190070809.001.0001

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(p.1) 1 Introduction
Between Impunity and Imperialism

Kevin E. Davis

Oxford University Press

This chapter introduces the concept of transnational bribery law, as well as the associated anti-bribery regime, and describes both the dominant approach to its design and an important critique. Transnational bribery law is defined by four questions: What types of conduct should be targeted? Which actors ought to be considered complicit? What sanctions ought to be imposed? Who should bear the benefits and burdens of imposing those sanctions? The dominant approach to these questions can be called the OECD paradigm. That paradigm generally presumes that legal institutions outside the state whose official has been bribed ought to prohibit a broad range of conduct, target a wide range of actors, impose severe sanctions, and involve as many agencies as possible in enforcement. The anti-imperialist critique challenges the OECD paradigm in terms of effectiveness, efficiency, fairness, due process, and legitimacy. An inclusive experimentalist approach offers a way to reconcile these competing views.

Keywords:   anti-bribery regime, global experimentalist governance, OECD paradigm, transnational bribery law, inclusive experimentalism

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