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The OECD Anti-Bribery Convention Ten Years On

33 Pages Posted: 9 May 2009 Last revised: 29 Jun 2009

Indira M. Carr

University of Surrey

Opi Outhwaite

University of Greenwich

Date Written: May 8, 2009


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.

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

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:

Indira Carr (Contact Author)

University of Surrey ( email )

Guildford, Surrey GU2 5XH
United Kingdom
07808 761492 (Phone)


Opi Outhwaite

University of Greenwich ( email )

30 Park Row
London, SE10 9LS
United Kingdom

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