Corporate Anti-Bribery Self-Regulation And The International Legal Framework
Résumé
This chapter addresses the role of the private sector in the design of international responses to corrupt practices. It illustrates the increasing involvement of private actors—mostly corporations—in the international law-making process, as well as in the law enforcement process.
It shows that over a short period of time the paradigm of the so-called fight against corruption has shifted from traditional methods of internationalization of law to a modern or postmodern conception of global law: from the use of the classical legal instrument of the convention, characterized by its public and binding nature (an instrument made by the state, addressed to states, and enforced by the state), to the use of public–private partnerships through soft-law instruments and co-regulation. However, these conceptions are not mutually exclusive but rather mutually reinforcing. Their combination may be the key to the success of this new chapter for anticorruption policies and more broadly for international criminal policy.