Title

Fighting Corruption through Regional and International Conventions: A Satisfactory Solution?

Abstract

While considering the current legal frameworks adopted by the regional and international anti-corruption conventions this article aims to show (1) that the lack of a unified approach is unlikely to further the fight against corruption in any meaningful way, (2) that regulation is unlikely to be efficient results unless there are robust enforcement mechanisms in place, and (3) that anti-corruption legislation provides only a partial answer and that we need to engage in what I call a process of re-socialization. Part 2 (How Widespread is Corruption?) critically assesses the methodology adopted by Transparency International (TI) for compiling its perception index. Part 3 (Regulatory Measures: The Conventions) examines the current frameworks adopted by the existing conventions to tackle corruption. Part 4 (Enforcement and Informers) highlights the difficulties associated in enforcing the conventions and explores whether the antiquated qui tam action might serve a useful purpose in addressing enforcement deficit. Part 5 (Fighting Corruption Through Re-Socialization) asks whether greater social awareness through education provides a possible solution. Guided by a humanistic philosophy of society the view is put forward that part of the answer for effectively tackling corruption lies in making people aware of its long-term effects.

Disciplines

International Law | International Trade Law

Date of this Version

November 2006