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International Anti-Corruption NormsTheir Creation and Influence on Domestic Legal Systems$
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Cecily Rose

Print publication date: 2015

Print ISBN-13: 9780198737216

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198737216.001.0001

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International Anti-Corruption Instruments Viewed through the Lenses of Soft Law and Legitimacy

International Anti-Corruption Instruments Viewed through the Lenses of Soft Law and Legitimacy

Chapter:
(p.13) 1 International Anti-Corruption Instruments Viewed through the Lenses of Soft Law and Legitimacy
Source:
International Anti-Corruption Norms
Author(s):

Cecily Rose

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198737216.003.0002

This chapter examines anti-corruption instruments from the perspectives of ‘soft law’ and normative legitimacy. The concept of soft law provides insights into why States have chosen to generate anti-corruption norms with a non-binding content or form. But this concept provides an unsatisfactory framework for assessing the consequences of norm-creation through non-binding instruments and non-mandatory treaty provisions. The concept of normative legitimacy, however, reveals significant contrasts among these anti-corruption instruments with respect to their capacity to influence domestic legal systems. Chapter 1 formulates a set of criteria for evaluating corruption in the anti-corruption context, with a focus on State consent and levels of transparency, inclusiveness, and effectiveness. Examining anti-corruption instruments through the concept of legitimacy shows an inverse relationship between the inclusiveness of norm-creation processes, and the effectiveness of the norms or instruments, meaning their capacity to influence domestic legal systems.

Keywords:   soft law, legitimacy, transparency, inclusiveness, participation, effectiveness, accountability

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