David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Business Ethics (forthcoming)
Over the past decade, we have witnessed some early signs of progress in the battle against international bribery and corruption, a problem that throughout the history of commerce had previously been ignored. We present a model that we then use to assess progress in reducing bribery. The model components include both hard law and soft law legislation components and enforcement and compliance components. We begin by summarizing the literature that convincingly argues that bribery is an immoral and unethical practice and that the economic harm it causes falls most heavily on those least able to absorb it. The next section summarizes the main provisions of anti-bribery legislation including the Foreign Corrupt Practices Act (FCPA), the Organization for Economic Development’s Convention on Combating Bribery of Foreign Officials in International Business Transactions, the United Nations Convention Against Corruption and the laws of selected countries. We conclude this section with a discussion of the “moral imperialism” argument for not imposing Western laws and values on other cultures. The next section focuses on the roles played by NGOs including Transparency International (TI), the World Economic Forum (WEF), and the International Chamber of Commerce. We review trends in enforcement and prosecution, including a review of the United States’ enforcement processes, mechanisms for cross-border legal assistance, a discussion of the distinctive nature of FCPA cases, and an assessment of what the future holds for enforcement. The final section focuses on compliance processes for corporations aimed at reducing the risk of FCPA and related violations. This section also addresses the ethics of gift giving and “grease” payments. The article concludes with a summary and suggestions for further research. Throughout the article, we reference important bribery cases and include comments from several authorities who are on the front lines of the battle against international bribery.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Salla Laasonen, Martin Fougère & Arno Kourula (2012). Dominant Articulations in Academic Business and Society Discourse on NGO–Business Relations: A Critical Assessment. [REVIEW] Journal of Business Ethics 109 (4):521-545.
Cheryl Rivers & Roger Volkema (2013). East–West Differences in “Tricky” Tactics: A Comparison of the Tactical Preferences of Chinese and Australian Negotiators. [REVIEW] Journal of Business Ethics 115 (1):17-31.
Similar books and articles
Yongqiang Gao (2011). Government Intervention, Perceived Benefit, and Bribery of Firms in Transitional China. Journal of Business Ethics 104 (2):175-184.
Rajib Sanyal (2005). Determinants of Bribery in International Business: The Cultural and Economic Factors. [REVIEW] Journal of Business Ethics 59 (1-2):139 - 145.
Justin G. Longenecker, Joseph A. McKinney & Carlos W. Moore (1988). The Ethical Issue of International Bribery: A Study of Attitudes Among U.S. Business Professionals. [REVIEW] Journal of Business Ethics 7 (5):341 - 346.
Jack G. Kaikati, George M. Sullivan, John M. Virgo, T. R. Carr & Katherine S. Virgo (2000). The Price of International Business Morality: Twenty Years Under the Foreign Corrupt Practices Act. [REVIEW] Journal of Business Ethics 26 (3):213 - 222.
Masako N. Darrough (2010). The Fcpa and the Oecd Convention: Some Lessons From the U.S. Experience. [REVIEW] Journal of Business Ethics 93 (2):255 - 276.
Carl Pacini, Judyth A. Swingen & Hudson Rogers (2002). The Role of the OECD and EU Conventions in Combating Bribery of Foreign Public Officials. Journal of Business Ethics 37 (4):385 - 405.
Jon Moran (1999). Bribery and Corruption: The OECD Convention on Combating the Bribery of Foreign Public Officials in International Business Transactions. Business Ethics 8 (3):141–150.
Nancy Christopher Baughn, Mark L. Bodie, Michael A. Buchanan & B. Bixby (2010). Bribery in International Business Transactions. Journal of Business Ethics 92 (1).
Kathryn Gordon & Maiko Miyake (2001). Business Approaches to Combating Bribery: A Study of Codes of Conduct. [REVIEW] Journal of Business Ethics 34 (3-4):161 - 173.
Added to index2010-05-22
Total downloads37 ( #87,929 of 1,725,168 )
Recent downloads (6 months)6 ( #110,379 of 1,725,168 )
How can I increase my downloads?