The Fight Against Corruption in International Law

Abstract

The paper provides an overview of the current international legal framework against corruption. The first part sketches the genesis of the international legal framework regarding corruption. The second part outlines the main international anti-corruption instruments. Special attention is paid to the United Nations and OECD instruments. In addition, the Council of Europe’s monitoring mechanism, GRECO, some other regional instruments outside Europe, anti-corruption initiatives within international financial institutions, and the most important private initiatives are discussed. In the third part, specific challenges to the current global anti-corruption framework will be assessed: definitional problems, jurisdictional challenges as regards foreign corruption practices, asset recovery, the interface between corruption and good governance and that between corruption and human rights, as well as private sphere corruption. The concluding part lists a number of specific recommendations.

Keywords: international anti-corruption instruments, UN Convention Against Corruption, OECD Convention on Combating Bribery of Foreign Public Officials, GRECO, Foreign Corrupt Practices Act, extraterritorial jurisdiction, asset recovery