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The OECD Anti-Bribery Convention Ten Years On


Indira M. Carr


University of Surrey

Opi Outhwaite


University of Greenwich

May 8, 2009

Manchester Journal of International Economic Law, Vol. 5, No. 1, 2008

Abstract:     
The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions was adopted in 1997. During the last ten years the OECD has been extremely busy monitoring the implementation of this Convention in contracting states. During this process a number of issues have emerged. This article examines some of these: (1) the role and impact of the functional equivalence approach, (2) the effect of gaps and flexibility surrounding international business transactions and corporate liability, and (3) Article 5 and the defence of necessity available to a State under customary international law in the context of the UK decision to end the BAE investigations.

Number of Pages in PDF File: 33

Keywords: Corruption, Bribery, OECD Anti-Bribery Convention, BAE Investigation, UK Serious Fraud Office

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Date posted: May 9, 2009 ; Last revised: June 29, 2009

Suggested Citation

Carr, Indira M. and Outhwaite, Opi, The OECD Anti-Bribery Convention Ten Years On (May 8, 2009). Manchester Journal of International Economic Law, Vol. 5, No. 1, 2008. Available at SSRN: http://ssrn.com/abstract=1401326

Contact Information

Indira M. Carr (Contact Author)
University of Surrey ( email )
Guildford
Guildford, Surrey GU2 5XH
United Kingdom
07808 761492 (Phone)
HOME PAGE: http://www.surrey.ac.uk/corruption
Opi Outhwaite
University of Greenwich ( email )
30 Park Row
Greenwich
London, SE10 9LS
United Kingdom
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