Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-586b7cd67f-dlnhk Total loading time: 0 Render date: 2024-11-29T17:20:19.358Z Has data issue: false hasContentIssue false

Chapter Three - Transnational Criminal Law or the Transnational Legal Ordering of Corruption?

Theorizing Australian Corporate Foreign Bribery Reforms

from Part II - Transnational Legal Ordering and Transnational Crimes

Published online by Cambridge University Press:  05 June 2020

By
Radha Ivory
Edited by
Gregory Shaffer  and
Ely Aaronson
Gregory Shaffer
Affiliation:
University of California, Irvine
Ely Aaronson
Affiliation:
University of Haifa, Israel
Get access

Summary

To date, “transnational criminal law” has been the dominant paradigm for explaining and mapping rules on corruption in the international legal literature. This Chapter details the limits of transnational criminal conceptions of “anticorruption” through a study of nascent changes to Australian corporate foreign bribery law. Drawing on primary and secondary documentary sources, it shows that the proposed (but for now lapsed) reforms are only partially transnational, as that term is understood in “TCL” theory. Likewise, multilateral suppression conventions and related soft laws were but one impetus for the suggested amendments. Rather, as the transnational legal ordering literature suggests, a recursive process appears to have been at work between international organizations and local legislators, as well as transnational non-state actors. This process was marked, it seems, by moments of borrowing from the US and UK. However, it was also punctuated by themes of modernization, efficiency, and reputation. In addition, if settled, the amendments would result, not just in changes to national criminal law, but also the extension of “new” – and controversial – techniques of governance.

Keywords

Transnational criminal lawtransnational legal orderingcorruptionforeign briberyfailure to preventdeferred prosecution agreementCrimes Legislation Amendment (Combatting Corporate Crime) Bill 2017new governancecorporate criminal liability
Type
Chapter
Information
Transnational Legal Ordering of Criminal Justice , pp. 84 - 119
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Abbott, Kenneth, and Snidal, Duncan. 2002. “Values and Interests: International Legalization in the Fight against Corruption.” Journal of Legal Studies 31: S141–177.Google Scholar
Abikoff, Kevin T., Little, Edward J. M., Wood, John F., and Huneke, Michael H.. 2014. The International Perspective: Lessons from US Authorities’ Enforcement of the Foreign Corrupt Practices Act. Pp. 439–483 in Lissack and Horlick on Bribery, edited by Lissack, Richard and Horlick, Fiona, 2nd ed. London: LexisNexis.Google Scholar
AFP. 2017. Amended Annual Report 2016–2017. www.afp.gov.au/about-us/publications-and-reports/annual-reports.Google Scholar
AFP and CDPP. 2017. Self-Reporting of Foreign Bribery and Related Offending by Corporations. December 8, 2017. www.cdpp.gov.au/sites/g/files/net2061/f/20170812AFP-CDPP-Best-Practice-Guideline-on-self-reporting-of-foreign-bribery.pdf.Google Scholar
AGD. 2016. Improving Enforcement Options for Serious Corporate Crime: Consideration of a Deferred Prosecution Agreements Scheme in Australia: Public Consultation Paper. March 2016. www.ag.gov.au/Consultations/Pages/Deferred-prosecution-agreements-public-consultation.aspx.Google Scholar
AGD. 2017. Proposed Amendments to the Foreign Bribery Offence in the Criminal Code Act 1995: Public Consultation Paper. April 2017. www.ag.gov.au/Consultations/Pages/Proposed-amendments-to-the-foreign-bribery-offence-in-the-criminal-code-act-1995.aspx.Google Scholar
AGD. 2018a. Submission to the Legal and Constitutional Affairs Legislation Committee, Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017, Sub. No. 7. www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/CombattingCrime/Submissions.Google Scholar
AGD. 2018b. Response Senate Legal and Constitutional Affairs Legislation Committee, Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017: Questions on Notice, March 7, 2018. www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/CombattingCrime/Additional_Documents.Google Scholar
ALRC. 2019. Review into Australia’s Corporate Criminal Responsibility Regime. April 10, 2019. www.alrc.gov.au/inquiries/review-australia%E2%80%99s-corporate-criminal-responsibility-regime.Google Scholar
Andreas, Peter, and Nadelmann, Ethan. 2008. Policing the Globe: Criminalization and Crime Control in International Relations. Oxford: Oxford University Press.Google Scholar
Appleby, Gabrielle, Reilly, Alexander, and Grenfell, Laura. 2014. Australian Public Law, 2nd ed. Melbourne: Oxford University Press.Google Scholar
Ashworth, Andrew. 2017. “Positive Duties, Regulation and the Criminal Sanction.” Law Quarterly Review 133: 606–630.Google Scholar
Ashworth, Andrew. 2018. “A New Generation of Omissions Offences?” The Criminal Law Review 5: 354–364.Google Scholar
Ashworth, Andrew, and Zedner, Lucia. 2008. “Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions.” Criminal Law and Philosophy 2: 21–51.Google Scholar
Ashworth, Andrew, and Zedner, Lucia. 2014. Preventive Justice. Oxford: Oxford University Press.Google Scholar
Ayes, Ian, and Braithwaite, John. 1992. Responsive Regulation: Transcending the Deregulation Debate. New York: Oxford University Press.Google Scholar
Barker, Cat. 2019. Australia’s Implementation of the OECD Anti-Bribery Convention. August 28, 2019. Parliamentary Library Research Paper. https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22library%2Fprspub%2F6300407%22.Google Scholar
Barker, Cat, and Biddington, Monica. 2017–2018. Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017, Parliamentary Library Bills Digests 105.Google Scholar
Boister, Neil. 2002. “Human Rights Protections in the Suppression Conventions.” Human Rights Law Review 2: 199–227.Google Scholar
Boister, Neil. 2003. “Transnational Criminal Law?” European Journal of International Law 14: 953–976.Google Scholar
Boister, Neil. 2014. The Concept and Nature of Transnational Criminal Law. Pp. 11–26 in Routledge Handbook of Transnational Criminal Law, edited by Boister, Neil and Currie, Robert. Abingdon: Routledge.Google Scholar
Boister, Neil. 2015. “Further Reflections on the Concept of Transnational Criminal Law.” Transnational Legal Theory 6: 9–30.Google Scholar
Boister, Neil. 2018. An Introduction to Transnational Criminal Law, 2nd ed. Oxford: Oxford University Press.Google Scholar
Boucht, Johan. 2017. The Limits of Asset Confiscation: On the Legitimacy of Extended Appropriation of Criminal Proceeds. Oxford: Hart.Google Scholar
Bronitt, Simon. 2018. Deferred Prosecution Agreements: Negotiating Punishment Before Conviction? Pp. 45–59 in The Evolving Role of the Public Prosecutor: Challenges and Innovations, edited by Colvin, Victoria and Stenning, Philip C.. New York: Routledge.Google Scholar
Bronitt, Simon and Brereton, Zoe. Submission to the Attorney General’s Department, Proposed Amendments to the Foreign Bribery Offence in the Criminal Code Act 1995 (Cth) Public Consultation Paper. May 10, 2017. www.ag.gov.au/Consultations/Documents/Proposed-amendments-to-the-foreign-bribery-offence-criminal-code-act-1995/Foreign-bribery-submission-Bronitt-Brereton.pdf.Google Scholar
Campbell, Liz. 2018. “Corporate Liability and the Criminalisation of Failure.” Law and Financial Markets Review 12: 57–70.Google Scholar
Campbell, Liz, 2019. “Trying Corporations: Why Not Prosecute?” Current Issues in Criminal Justice 31: 269–291.Google Scholar
Catá Backer, Larry. 2008. “Global Panopticism: States, Corporations, and the Governance Effects of Monitoring Regimes.” Indiana Journal of Global Legal Studies 15: 101–148.Google Scholar
CDPP. 2018. Annual Report 2017–2018. www.cdpp.gov.au/publications.Google Scholar
Charlesworth, Hilary, Chiam, Madelaine, Hovell, Devika, and Williams, George. 2003. “Deep Anxieties: Australia and the International Legal Order.” Sydney Law Review 25: 423–465.Google Scholar
Charlesworth, Hilary, Chiam, Madelaine, Hovell, Devika, and Williams, George. 2006. No Country Is an Island: Australia and International Law. Sydney: UNSW Press.Google Scholar
Melissa, Conley Tyler, Crawford, Emily, and Scott, Shirley V.. 2017. Australia’s International Personality: Historical, Legal, and Policy Perspectives. Pp. 1–22 in International Law in Australia, 3rd ed., edited by Crawford, Emily and Rothwell, Donald R.. Pyrmont: Thompson Reuters.Google Scholar
Criminal Law Officers Committee of the Standing Committee of the Attorneys-General. 1992. Model Criminal Code: General Principles of Criminal Responsibility (Final Report).Google Scholar
Currie, Robert. 2015. “Neil Boister, An Introduction to Transnational Criminal Law.” Journal of International Criminal Justice 13: 1166–1169.Google Scholar
Davis, Kevin, Kingsbury, Benedict, and Merry, Sally Engle. 2015. The Local-Global Life of Indicators: Law, Power, and Resistance. Pp. 1–24 in The Quiet Power of Indicators: Measuring Governance, Corruption, and Rule of Law, edited by Merry, Sally Engle, Davis, Kevin E., and Kingsbury, Benedict. Cambridge: Cambridge University Press.Google Scholar
de Búrca, Gráinne, and Scott, Joanne. 2006. Introduction: New Governance, Law and Constitutionalism. Pp. 1–12 in Law and New Governance in the EU and the US, edited by de Búrca, Gráinne and Scott, Joanne. Oxford: Hart.Google Scholar
Edelman, Lauren. 2016. Working Law: Courts, Corporations, and Symbolic Civil Rights. Chicago: University of Chicago Press.Google Scholar
Freiberg, Arie. 2017. Regulation in Australia. Annandale: Federation Press.Google Scholar
Gardiner, Jock. 2018. “Arendt and Corporate Culture: Instilling Thoughtfulness into the Commonwealth Criminal Code.” Australian Journal of Corporate Law 33: 25–54.Google Scholar
Garland, David. 2001. The Culture of Control: Crime and Social Order in Contemporary Society. Oxford: Oxford University Press.Google Scholar
Garrett, Brandon. 2014. Too Big to Jail: How Prosecutors Compromise with Corporations. Cambridge: Harvard University Press.Google Scholar
Garrett, Brandon. 2020. “Declining Corporate Prosecutions.” American Criminal Law Review. https://papers.ssrn.com/abstract=3360456.Google Scholar
Gilbert, Jo-Anne, and Sharman, Jason. 2016. “Turning a Blind Eye to Bribery: Explaining Failures to Comply with the International Anti-corruption Regime.” Political Studies 64: 74–89.Google Scholar
Gless, Sabine. 2015. “Bird’s-Eye View and Worm’s Eye View: Towards a Defendant-Based Approach in Transnational Criminal Law.” Transnational Legal Theory 6: 117–140.Google Scholar
Halliday, Terrence C., and Shaffer, Gregory. 2015a. Transnational Legal Orders. Pp. 3–72 in Transnational Legal Orders, edited by Halliday, Terrence C. and Shaffer, Gregory. Cambridge: Cambridge University Press.Google Scholar
Halliday, Terrence C., and Shaffer, Gregory. 2015b. Researching Transnational Legal Orders. Pp. 475–528 in Transnational Legal Orders, edited by Halliday, Terrence C. and Shaffer, Gregory. Cambridge: Cambridge University Press.Google Scholar
Hayne, The Hon. Kenneth, M.A.C. 2018. Q.C. Interim Report: Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, vol. 1. September 21, 2018. https://financialservices.royalcommission.gov.au/Documents/interim-report/interim-report-volume-1.pdf.Google Scholar
Hayne, The Hon. Kenneth, M.A.C. 2019. Q.C. Final Report: Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, vol. 1. February 1, 2019. https://financialservices.royalcommission.gov.au/Pages/reports.aspx#final.Google Scholar
House of Lords, Select Committee on the Bribery Act 2010. 2019. Report of Session 2017–2019, The Bribery Act 2010: Post-Legislative Scrutiny. March 14, 2019. www.parliament.uk/bribery-act–2010.Google Scholar
Husisian, Gregory. 2017. “The Future of the Foreign Corrupt Practices Act under the Trump Administration.” International Trade Law and Regulation 23: 97–108.Google Scholar
International Organization for Standardization (ISO). 2016. ISO 37001: Anti-Bribery Management Systems – Requirements with Guidance for Use. www.iso.org/standard/65034.html.Google Scholar
Ivory, Radha. 2014. Corruption, Asset Recovery and the Protection of Property in Public International Law: The Human Rights of Bad Guys. Cambridge: Cambridge University Press.Google Scholar
Ivory, Radha. 2018. “Beyond Transnational Criminal Law: Anti-corruption as Global New Governance.” London Review of International Law 6: 413–422.Google Scholar
Ivory, Radha. Forthcoming. From Content to the Construction of Risk: Due Diligence Debates in International Anti-corruption and Money Laundering Law. In Due Diligence in International Law, edited by Anne Peters, Heike Krieger, and Leonhard Kreuzer (manuscript accepted by Oxford University Press and on file with author).Google Scholar
Jessup, Phillip. 1956. Transnational Law: Storrs Lectures on Jurisprudence, vol. 2.New Haven: Yale University Press.Google Scholar
Keenan, The Hon. Michael, MP, Minister for Justice. 2014. Media Release: AFP-Hosted Anti-fraud and Anti-corruption Centre. July 31, 2014. http://pandora.nla.gov.au/pan/143276/20141001-1307/www.ministerjustice.gov.au/Mediareleases/Pages/2014/ThirdQuarter/31July2014-AFPHostedFraudAndAntiCorruptionCentre.html.Google Scholar
Koehler, Mike. 2018. “Foreign Corrupt Practices Act: Continuity in a Transition Year.” South Carolina Law Review 70: 143–208.Google Scholar
Kohli, Rahul. 2018. “Foreign Corrupt Practices Act.” American Criminal Law Review 55: 1269–1331.Google Scholar
Kotiswaran, Prabha, and Palmer, Nicola. 2015. “Rethinking the ‘International Law of Crime’: Provocations from Transnational Legal Studies.” Transnational Legal Theory 6: 55–88.Google Scholar
Liss, Carolin, and Sharman, Jason. 2015. “Global Corporate Crime-Fighters: Private Transnational Responses to Piracy and Money Laundering.” Review of International Political Economy 22: 693–718.Google Scholar
Lobel, Orly. 2004. “The Renew Deal: The Fall of Regulation and the Rise of Governance in Contemporary Legal Thought.” Minnesota Law Review 89: 342–470.Google Scholar
Lobel, Orly. 2012. New Governance as Regulatory Governance. Pp. 65–82 in The Oxford Handbook of Governance, edited by Levi-Faur., David Oxford: Oxford University Press.Google Scholar
Lord, Nicholas. 2014. Regulating Corporate Bribery in International Business: Anti-corruption in the UK and Germany. London: Routledge.Google Scholar
Low, Lucinda. 2014. Preventing and Defending Against Vicarious and Successor Liability under National and International Transnational Bribery Regimes. Pp. 611–683 in The OECD Convention on Bribery: A Commentary, 2nd ed., edited by Pieth, Mark, Low, Lucinda, and Bonucci, Nicola. Cambridge: Cambridge University Press.Google Scholar
Mazerolle, Lorraine, and Ransley, Janet. 2006. Third Party Policing. Cambridge: Cambridge University Press.Google Scholar
McGrath, Senator the Hon. James. 2017. Second Reading Speech: Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017. Commonwealth Parliamentary Debates. Senate Official Hansard, December 6, 2017. 15: 9906–9908.Google Scholar
Ministry of Justice. 2011. The Bribery Act 2010: Guidance about Procedures Which Relevant Commercial Organisations Can Put into Place to Prevent Persons Associated with them from Bribing. March 2011. www.gov.uk/government/publications/bribery-act-2010-guidance.Google Scholar
Ministry of Justice. 2019. Government Response to the House of Lords Select Committee on the Bribery Act 2010, May 2019. www.gov.uk/government/publications.Google Scholar
Nadelmann, Ethan A. 1990. “Global Prohibition Regimes: The Evolution of Norms in International Society.” International Organization 44: 479–526.Google Scholar
National Crime Agency. Undated. International Anti-corruption Coordination Centre. www.nationalcrimeagency.gov.uk/about-us/what-we-do/national-economic-crime-centre/international-anti-corruption-coordination-centre.Google Scholar
Nourse, Victoria, and Shaffer, Gregory. 2009. “Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory?” Cornell Law Review 95: 61–137.Google Scholar
O’Keefe, Roger. 2015. International Criminal Law. Oxford: Oxford University Press.Google Scholar
OECD. 2009. Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions, C(2009)159/REV1/FINAL (November 26, 2009) as amended by C(2010)19 (February 18, 2010).Google Scholar
OECD. 2019. Resolving Foreign Bribery Cases with Non-trial Resolutions Settlements and Non-trial Agreements by Parties to the Anti-Bribery Convention. www.oecd.org/corruption/Resolving-Foreign-Bribery-Cases-with-Non-Trial-Resolutions.htm.Google Scholar
OECD, UNODC, and World Bank Group. 2013. Anti-corruption Ethics and Compliance Handbook for Business. www.oecd.org/corruption/anti-corruption-ethics-and-compliance-handbook-for-business.htm.Google Scholar
OECD-WGB. 1999. Australia: Review of the Implementation of the Convention and 1997 Recommendation. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2002. United States: Phase 2 Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions. October 2002. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2005. United Kingdom: Phase 2 Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions. March 17, 2005. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2006. Australia: Phase 2 Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions. January 4, 2006. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2008. United Kingdom: Phase 2bis Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions. October 16, 2008. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2009. Australia: Phase 2 Follow-Up Report on the Implementation of the Phase 2 Recommendations, Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions. August 29, 2009. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2010a. Phase 3 Report on Implementing the OECD Anti-Bribery Convention in the United States. October 2010. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2010b. United Kingdom: Phase 1ter Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and 2009 Recommendation on Combating Bribery in International Business Transactions. December 16, 2010. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2011. United Kingdom: Phase 2bis Follow-Up Report on the Implementation of the Phase 2bis Recommendations. May 23, 2011. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2012. Phase 3 Report on Implementing the OECD Anti-Bribery Convention in Australia. October 12, 2012. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2015. Australia: Phase 3 Follow-Up to the Phase 3 Report and Recommendations. April 3, 2015. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2017a. Phase 4 Report: United Kingdom. March 16, 2017. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2017b. Phase 4 Report: Australia. December 15, 2017. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
OECD-WGB. 2019. Implementing the OECD Anti-Bribery Convention: Phase 4 Two-Year Follow-Up Report: United Kingdom. March 2019. www.oecd.org/corruption/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm.Google Scholar
Ogg, James Thomas. 2015. Preventive Justice and the Power of Policy Transfer. Basingstoke: Palgrave Macmillan.Google Scholar
Parliamentary Library (Parliament of Australia, Department of Parliamentary Services). 2019. Briefing Book: Key Issues for the 46th Parliament. Commonwealth of Australia. www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/BriefingBook46p.Google Scholar
Pieth, Mark. 2014. Article 2: The Responsibility of Legal Persons. Pp. 212–251 in The OECD Convention on Bribery: A Commentary, 2nd ed., edited by Pieth, Mark, Low, Lucinda, and Bonucci, Nicola. Cambridge: Cambridge University Press.Google Scholar
Pieth, Mark, and Ivory, Radha. 2011. Emergence and Convergence: Corporate Criminal Liability Principles in Overview. Pp. 3–60 in Corporate Criminal Liability: Emergence, Convergence, and Risk, edited by Pieth, Mark and Ivory, Radha. Dordrecht: Springer.Google Scholar
Porter, The Hon. Christian, MP, Attorney General. 2018a. Letter to Senator Helen Polley, Chair, Senate Scrutiny of Bills Committee, No. MS18-000369. March 6, 2018. www.aph.gov.au/Parliamentary_Business/Committees/Senate/Scrutiny_of_Bills/Scrutiny_Digest/2018.Google Scholar
Porter, The Hon. Christian, MP, Attorney General. 2018b. Media Release: Consultation on New Measures to Combat Corporate Crime. June 8, 2018. www.attorneygeneral.gov.au/Media/Pages/Consultation-on-new-measure-to-combat-corporate-crime-8-june-2018.aspx.Google Scholar
Porter, The Hon. Christian, MP, Attorney General. 2019. Media Release: Review into Australia’s Corporate Criminal Responsibility Regime. April 10, 2019. www.attorneygeneral.gov.au/Media/Pages/Review-into-Australia%E2%80%99s-corporate-criminal-responsibility-regime-10-april-19.aspx.Google Scholar
Ralph, Jason. 2017. “The Responsibility to Protect and the Rise of China: Lessons from Australia’s Role as a ‘Pragmatic’ Norm Entrepreneur.” International Relations of the Asia-Pacific 17: 35–65.Google Scholar
Senate. 1994. Explanatory Memorandum, Criminal Code Bill 1994 (Cth).Google Scholar
Senate. 2017. Explanatory Memorandum, Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 (Cth).Google Scholar
Senate. 2018a. Economic References Committee, Foreign Bribery (Report), March 2018. www.aph.gov.au/Parliamentary_Business/Committees/Senate/Economics/Foreignbribery45th/Report.Google Scholar
Senate. 2018b. Senate Legal and Constitutional Affairs Legislation Committee, Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 (Report), April 2018. www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/CombattingCrime.Google Scholar
Senate. 2018c. Addendum to the Explanatory Memorandum, Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 (Cth).Google Scholar
Serious Fraud Office. 2014. Deferred Prosecution Agreements Code of Practice: Crime and Courts Act 2013, February 14, 2014. www.sfo.gov.uk/?wpdmdl=1447.Google Scholar
Shaffer, Gregory. 2009. “How Business Shapes Law: A Socio-Legal Framework.” Connecticut Law Review 42: 147–183.Google Scholar
Shaffer, Gregory. 2013a. Transnational Legal Ordering and State Change. Pp. 1–22 in Transnational Legal Ordering and State Change, edited by Shaffer, Gregory. Cambridge: Cambridge University Press.Google Scholar
Shaffer, Gregory. 2013b. Dimensions and Determinants of State Change. Pp. 23–49 in Transnational Legal Ordering and State Change, edited by Shaffer, Gregory. Cambridge: Cambridge University Press.Google Scholar
Shaffer, Gregory. 2015. “The New Legal Realist Approach to International Law.” Leiden Journal of International Law 28: 189–210.CrossRefGoogle Scholar
Transparency International Australia. 2018. Media Release: Corruption Perceptions Index (CPI) 2017 Shows Australia Falls again in Corruption Perceptions Index Scores. http://transparency.org.au/corruption-perceptions-index-cpi-2017-shows-australia-falls-corruption-perceptions-index-scores.Google Scholar
UNCAC-COSP. 2012. Implementation Review Group, Review of Implementation of the United Nations Convention against Corruption, Executive Summary: Australia. UN Doc. No. CAC/COSP/IRG/I/2/1. www.unodc.org/unodc/treaties/CAC/country-profile.Google Scholar
UNCAC-COSP. 2013. Implementation Review Group, Country Review Report of the United Kingdom. www.unodc.org/unodc/treaties/CAC/country-profile.Google Scholar
UNCAC-COSP. 2019. Implementation Review Group, Review of Implementation of the United Nations Convention against Corruption, Executive Summary: United Kingdom of Great Britain and Northern Ireland. UN Doc. No. CAC/COSP/IRG/II/2/1/Add.4. www.unodc.org/unodc/treaties/CAC/country-profile.Google Scholar
US Department of Justice. 2018. Justice Manual. November 2018. www.justice.gov/jm/jm-9–28000-principles-federal-prosecution-business-organizations.Google Scholar
US Department of Justice. 2019. Evaluation of Corporate Compliance Programs. www.justice.gov/criminal-fraud/page/file/937501/download.Google Scholar
US Department of Justice and US Securities and Exchange Commission. 2012. A Resource Guide to the U.S. Foreign Corrupt Practices Act. November 14, 2012. www.justice.gov/sites/default/files/criminal-fraud/legacy/2015/01/16/guide.pdf.Google Scholar
US Sentencing Commission. 2018. Guidelines Manual, §3E1.1. November 1, 2018. www.ussc.gov/sites/default/files/pdf/guidelines-manual/2018/GLMFull.pdf.Google Scholar
van Sliedregt, Elies. 2016. “International Criminal Law: Over-Studied and Underachieving?” Leiden Journal of International Law 29: 1–12.Google Scholar
Vuona, Bridget. 2019. “Foreign Corrupt Practices Act.” American Criminal Law Review 56: 979–1032.Google Scholar
Weiner, Blake, Austin, Kimberly, Lapin, John, and Mary, McCullough. 2018. “Corporate Criminal Liability.” American Criminal Law Review 55: 961–999.Google Scholar
Wells, Celia. 2001. Corporations and Criminal Responsibility, 2nd ed. Oxford: Oxford University Press.Google Scholar
Wells, Celia. 2019. Economic Crime in the UK: Corporate and Individual Liability. Pp. 253–276 in White Collar Crime: A Comparative Perspective, edited by Ligeti, Katalin and Tosza, Stanislaw. Oxford: Hart.Google Scholar
World Bank. 2016. De-risking in the Financial Sector. October 6, 2016. www.worldbank.org/en/topic/financialsector/brief/de-risking-in-the-financial-sector.Google Scholar
World Bank Group. 2013. Anti-corruption Ethics and Compliance Handbook for Business. www.oecd.org/corruption/anti-corruption-ethics-and-compliance-handbook-for-business.htm.Google Scholar
Wyld, Robert. 2019. Australia. Pp. 11–59 in From Baksheesh to Bribery: Understanding the Global Fight against Corruption and Graft, edited by Markus Funk, T. and Boutros, Andrew S.. Oxford: Oxford University Press.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×