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Corruption
Economic analysis is also the key to measuring the efficacy of current anti-corruption instruments, and in the light of this the book finds many existing legal counter-measures lacking. On the other hand, its assessment of new international instruments
Overcoming the Corruption Conundrum in Africa
This book adopts a holistic approach to identifying what could be done to surmount the corruption conundrum in the African continent. It acknowledges the objective reality of corruption in Africa, and identifies primary solutions to the issue. The volume takes a socio-legal approach in order to reveal the nature and extent of corruption, and suggests that solutions can be found simply by interrogating how society reacts to it. In conjunction with this, the book identifies and critiques constraints in the formation of a definitive definition of corruption. As shown here, although it is critical for African states to develop anti-corruption strategies, the solution to the problem requires an understanding of the significance of political will, and how the lack thereof has led to the endurance of corruption in Africa.
Negotiated Settlements in Bribery Cases
This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
US Trade Policy, China and the World Trade Organisation
The last few years have been "anni horribiles" for in International Economic Law in general and in particular for the World Trade Organization, since its inception in 1995 the guarantor of the world multilateral trade system. The increasing trade tensions, a high level of US security tariffs on steel and aluminium, the US boycott of the WTO Appellate Body, the US-China "trade war" and the reasons underlining it, only aggravated a disastrous world-wide economic situation at a time of tremendous global health and societal emergency, due to the persistent devastating spread of the COVID-19 pandemic. The book critically discusses the most salient past US administration’s unilateralist and prot...
Enhancing the Rule of Law in the European Union’s External Action
This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.
International Investment Dispute Awards
This book examines how international investment arbitral awards can be facilitated. It sets out to achieve a fuller conceptualisation and theorisation of awards through a discussion of relevant issues and themes, as well as demonstrating how they can be achieved through a comparative approach that has been conceived and developed with reference to existing deficiencies in the research literature. This contribution is particularly important given the worldwide emergence of investment arbitration as a powerful form of alternative dispute resolution (ADR). The book ultimately seeks to explore and develop solutions that can be directed to an existing oversight and deficit within the internationa...
Corruption and Norms
This book focuses on the role of norms in the description, explanation, prediction and combat of corruption. It conceives corruption as a ubiquitous problem, constructed by specific traditions, values, norms and institutions. The chapters concentrate on the relationship between corruption and social as well as legal norms, providing comparative perspectives from different academic disciplines, theoretical and methodological backgrounds, and various country-studies. Due to the nature of social norms that are embedded in personal, local, and organizational contexts, the contributions in the volume focus in particular on the individual and institutional level of analysis (micro and meso-mechanisms). The book will be of interest to students and scholars across the fields of political science, public administration, socio-legal studies and psychology.
Strategic Financial Management
Investigating theoretical frameworks, identifying problems, and discussing implications for managers, entrepreneurs, and policymakers, regulatory changes and compliance challenges are dissected in this book, providing a timely guide for managers to navigate the evolving regulatory landscape.
Towards a Global Consensus Against Corruption
Corruption has long been identified as a governance challenge, yet it took states until the 1990s to adopt binding agreements combating it. While the rapid spread of anti-corruption treaties appears to mark a global consensus, a closer look reveals that not all regional and international organizations move on similar trajectories. This book seeks to explain similarities and differences between international anti-corruption agreements. In this volume Lohaus develops a comprehensive analytical framework to compare international agreements in the areas of prevention, criminalization, jurisdiction, domestic enforcement and international cooperation. Outcomes range from narrow enforcement coopera...
International Investment Law and Globalization
In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.
