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Between Impunity and ImperialismThe Regulation of Transnational Bribery$
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Kevin E. Davis

Print publication date: 2019

Print ISBN-13: 9780190070809

Published to Oxford Scholarship Online: August 2019

DOI: 10.1093/oso/9780190070809.001.0001

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Concluding Thoughts

Concluding Thoughts

Chapter:
(p.235) 11 Concluding Thoughts
Source:
Between Impunity and Imperialism
Author(s):

Kevin E. Davis

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190070809.003.0011

This chapter proposes a path to reconciliation between the OECD paradigm and the anti-imperialist critique. The premises are that: (1) transnational bribery is a significant problem, but (2) reasonable people can and will disagree about the appropriate legal responses. Left unresolved, those disagreements threaten to compromise effectiveness, efficiency, fairness, legitimacy, and due process. This implies that architects of transnational bribery law ought to develop mechanisms that reduce the scope for disagreement about appropriate legal interventions, identify reasonable disagreements that ought to be tolerated, and offer a legitimate process for determining how to overcome disagreements that stem from unreasonable objections.

Keywords:   anti-imperialist critique, disagreement, inclusive experimentalism, OECD paradigm, toleration

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