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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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The Modern Regime

The Modern Regime

(p.41) 4 The Modern Regime
Between Impunity and Imperialism

Kevin E. Davis

Oxford University Press

Modern transnational bribery law has spread beyond the United States and has developed into a complex, decentralized, dynamic, and global “anti-bribery regime.” These developments were prompted by lobbying on the part of the United States and members of civil society. The emergence of the new regime was marked by the adoption of the OECD Anti-Bribery Convention and the UN Convention against Corruption, as well as several other international instruments. This chapter describes the legal instruments that underpin the regime. It also surveys the institutions that implement the regime and the efforts that have been undertaken to monitor levels of enforcement, the incidence of bribery, and the impact of transnational bribery law. It concludes by asking whether the current anti-bribery regime qualifies as an example of global experimentalist governance.

Keywords:   Global Experimentalist Governance, monitoring, OECD Anti-Bribery Convention, OECD Working Group, peer review, UNCAC

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