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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
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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

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