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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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When Should Organizations Be Liable for Transnational Bribery?

When Should Organizations Be Liable for Transnational Bribery?

Chapter:
(p.127) 8 When Should Organizations Be Liable for Transnational Bribery?
Source:
Between Impunity and Imperialism
Author(s):

Kevin E. Davis

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190070809.003.0008

When should organizations, as opposed to individuals, be the targets of sanctions for transnational bribery? The OECD paradigm calls for the net of liability to be cast widely, not only over individual perpetrators but also over the organizations they represent, and perhaps also over companies that own, merge with, or acquire those entities. There have even been moves to sanction states whose officials have solicited or accepted bribes, including by barring recovery of compensation from the bribe payer. Organizational liability is typically justified as a way to induce private regulation, which is presumed to be relatively effective and efficient. However, the effectiveness of self-regulation is contingent on factors such as the presence of complementary legal institutions and expertise. There are also questions about its expense and legitimacy.

Keywords:   corporate criminal liability, legal complements, private regulation, self-regulation, Siemens, state responsibility, successor liability, vicarious liability

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