Skip to main content
Top

2019 | OriginalPaper | Chapter

7. The OECD Convention and Beyond: State-Powered Coalition Building in a Broken World

Activate our intelligent search to find suitable subject content or patents.

search-config
loading …

Abstract

In the period 1994–1997 the foundations of the global anti-corruption governance were laid out. As this chapter shows, the success of the anti-corruption endeavor was to a large extent determined by a systematic approach of state-sponsored coalition building. Non-state actors contributed to the process of coalition-building, but much of what they achieved was shaped by previous efforts of state actors, in particular the United States. The instrumental use of venues and publicity contributed to the success of the OECD anti-bribery initiative. The advancement of talks at the OECD led member states to introduce the topic of corrupt practices in the OAS, the CoE and the EU. The formal agreements reached at other organizations then provided the legal and discursive underpinnings for the re-introduction of the subject at the UN. Building on Chapter 6, the first part of this chapter zooms in on the talks at the OECD, while the second part zoom out to show the bigger picture of how, in relation to progress at the OECD, the subject of corruption was introduced in regional organizations. In this way the chapter strikes a balance between showing how the social construction of problems is negotiated within and between organizations.

Dont have a licence yet? Then find out more about our products and how to get one now:

Springer Professional "Wirtschaft+Technik"

Online-Abonnement

Mit Springer Professional "Wirtschaft+Technik" erhalten Sie Zugriff auf:

  • über 102.000 Bücher
  • über 537 Zeitschriften

aus folgenden Fachgebieten:

  • Automobil + Motoren
  • Bauwesen + Immobilien
  • Business IT + Informatik
  • Elektrotechnik + Elektronik
  • Energie + Nachhaltigkeit
  • Finance + Banking
  • Management + Führung
  • Marketing + Vertrieb
  • Maschinenbau + Werkstoffe
  • Versicherung + Risiko

Jetzt Wissensvorsprung sichern!

Springer Professional "Wirtschaft"

Online-Abonnement

Mit Springer Professional "Wirtschaft" erhalten Sie Zugriff auf:

  • über 67.000 Bücher
  • über 340 Zeitschriften

aus folgenden Fachgebieten:

  • Bauwesen + Immobilien
  • Business IT + Informatik
  • Finance + Banking
  • Management + Führung
  • Marketing + Vertrieb
  • Versicherung + Risiko




Jetzt Wissensvorsprung sichern!

Springer Professional "Technik"

Online-Abonnement

Mit Springer Professional "Technik" erhalten Sie Zugriff auf:

  • über 67.000 Bücher
  • über 390 Zeitschriften

aus folgenden Fachgebieten:

  • Automobil + Motoren
  • Bauwesen + Immobilien
  • Business IT + Informatik
  • Elektrotechnik + Elektronik
  • Energie + Nachhaltigkeit
  • Maschinenbau + Werkstoffe




 

Jetzt Wissensvorsprung sichern!

Footnotes
1
During a meeting on the June 13–14, 1991, the Ad Hoc Group members re-elected Mark Pieth as Chairman. Pieth had been instrumental for the successful outcome of the discussions on money-laundering (DAFFE/IME/PI(91)3).
 
2
The list of the members of the Ad Hoc Group revealed an increased interest in the issue of corrupt practices with a more extensive national representation from Ministries of Finance and the Economy, Departments of States, National Banks from almost all OECD member states (DAFFE/IME/PI(91)3).
 
3
Basing the recommendations on the provided matrix, the Report stated that a number of such highly controversial elements had been individuated: ‘such elements may include a definition of illicit payments which would cover payments other than traditional bribes, including sales requiring government approval, the reaching of payments through intermediaries, and the issue of jurisdiction absent a sufficient territorial nexus’ (DAFFE/IME/PI(91)5).
 
4
This search for optimal solutions in the context of what is deemed to be in the realm of the politically feasible was concerned with questions such as: ‘Is there an inverse [relationship] proportionality between the controversial elements and the type of instrument? For example, does the controversy diminish as one gets further away from the more legally constraining type of instrument?’ (DAFFE/IME/PI(91)5, 3).
 
5
Economists or sociologists, for example, would have provided different type of expertise, but might have also given rise to more controversy, because more claims might have centered around the relationship of the putative condition to the definition of the problem, as they did in the UN.
 
6
The definition of the offender covered natural and legal persons and the recipient could be a public/governmental official or a private party. The definition of public official was broad enough to include all persons with public decision-making or implementing roles. Relevant was also the inclusion of a private person with the ability to influence public policy whether this person works in a firm or NGO. The definition of who makes an offer included ‘any corporation, partnership, association, joint stock company, business, trust, unincorporated organization or sole proprietorship which has its principal place of business (or center of activity related to the commercial transaction in question) in the member country’ (DAFFE/IME/PI(92)3/REV3, 5). It is noteworthy that there did not occur at any point a discussion of the offeror being a public or governmental agent in their official capacity, while a private recipient remained an albeit contested option.
 
7
The questionnaire was filled by Austria, Belgium, Canada, Finland, France. Germany, Italy, Japan, the Netherlands, New Zealand, Portugal, Spain, Switzerland, Turkey, the United Kingdom, the United States and included information about Denmark, Greece and Luxemburg from a previous study (C(90)87).
 
8
The ‘non-deductibility’ of illicit payments meant that they were not considered as legitimate business expense, and their deductibility meant that governments were implicitly subsidizing illicit payments by making them tax free as business expenditure.
 
9
Namely, in Austria, Belgium, Canada, France, Luxemburg, New Zealand, Norway and the United Kingdom such prohibition was underway (DAFFE/IME/PI(93)6).
 
10
In the Draft Report to CIME, ‘illicit payments’ were already substituted with ‘bribery’ and a more forceful language was employed. The Report highlighted, however, that consensus has not been reached in a number of areas despite the fact that the feasibility of cooperation among OECD members has been developed since July 1990 (DAFFE/IME/PI (93)11).
 
11
The definition of bribery was set in the draft as: ‘[such bribery can involve an intentional offer, promise, or giving of any undue pecuniary or other advantages to or for the benefit of a foreign public official (including members of a law-making body, candidates for a law-making body or public office and officials of political parties) whether or not solicited by the official, in violation of the official’s legal duties, whether directly or indirectly through an intermediary, in order to obtain or retain business]’ (DAFFE/IME/PI(93)10, 4). The bracketed text indicated that consensus had not yet been reached on the particular definition.
 
12
The controversies over the definition were settled temporary with a ‘working definition of bribery for practical purposes,’ but the controversy over the list of measures was not so easily dissuaded (DAFFE/IME/PI(93)11, 7).
 
13
Dahik himself had to leave Ecuador in 1995 on corruption charges, an incident that according to Galtung and Pope (1999) made TI realize that politicians should not be included in TI’s higher management.
 
14
This is how the support of the President of Costa Rica, Oscar Arias, and the Vice President of Ecuador, Alberto Dahik, was secured (Vogl 2012).
 
15
When work advanced at the UN, coordination was necessary in 4 organizations and this was reflected in the Coordinated Position for the UN, adopted by the Council of the EU on February 28, 2001 (Szarek-Mason 2010).
 
16
The ‘re-discovery’ of the 1906 Prevention of Corruption Act and the repercussions of the ‘cash for questions’ controversy had a definitive impact on the UK position and the new government (formed in May 1997) wanted to take a strong stance against corruption (Alldridge 2012; Bean 2012).
 
17
As discussed in Chapter 4, Senate Resolution 265 of 1975 specified GATT as the institutional forum for negotiations, but representatives of the US executive did not concur with this strategy, as they judged it would have been highly unlikely to reach consensus at GATT.
 
18
The United States did raise the issue of transparency in procurement at the WTO, but after the adoption of the OECD Convention (International Trade Commission 1997).
 
19
As it was noted earlier, the RBIBT of 1994 which led to the resurgence of the negotiations at the OECD was paralleled by the recommendations of the 19th Conference of European Ministers of Justice in Valletta in 1994 that prepared the ground for the ‘Programme of Action against Corruption’ adopted by the Committee of Ministers of the CoE in November 1996. Resolution 1, adopted by the European Ministers of Justice at their 21st Conference in Prague in 1997, followed the adoption of the revised OECD Recommendation and urged for the implementation of the Program. In the EU, the Common Position 97/661/JHA from October 6, 1997, defined by the Council on negotiations in the CoE and the OECD relating to corruption, also established a formal link between the adoption of the RBIBT, the OECD Anti-Bribery Convention and the subsequent Criminal and Civil Law Conventions on Corruption adopted in 1999.
 
20
This line of work was carried out in accordance with the UN Crime Prevention Congresses and was discussed in Chapter 6.
 
Literature
go back to reference Abbott, Kenneth W., and Duncan Snidal. 2002. “Values and Interests: International Legalization in the Fight Against Corruption.” Journal of Legal Studies 31 (1): 141–178.CrossRef Abbott, Kenneth W., and Duncan Snidal. 2002. “Values and Interests: International Legalization in the Fight Against Corruption.” Journal of Legal Studies 31 (1): 141–178.CrossRef
go back to reference Adonis, Andrew, and Andrew Jack. 1995. “OECD to Press for Anti-Corruption Laws.” Financial Times, March 21. Copy in the OECD Archives. Adonis, Andrew, and Andrew Jack. 1995. “OECD to Press for Anti-Corruption Laws.” Financial Times, March 21. Copy in the OECD Archives.
go back to reference Alldridge, P. W. 2012. “The U.K. Bribery Act: ‘The Caffeinated Younger Sibling of the FCPA’.” Ohio State Law Journal 73 (5): 1181–1216. Alldridge, P. W. 2012. “The U.K. Bribery Act: ‘The Caffeinated Younger Sibling of the FCPA’.” Ohio State Law Journal 73 (5): 1181–1216.
go back to reference Ashe, Daniel Patrick. 2005. “The Lengthening Anti-Bribery Lasso of the United States: The Recent Extraterritorial Application of the U.S. Foreign Corrupt Practices Act.” The Fordham Law Review 73 (6): 2897. Ashe, Daniel Patrick. 2005. “The Lengthening Anti-Bribery Lasso of the United States: The Recent Extraterritorial Application of the U.S. Foreign Corrupt Practices Act.” The Fordham Law Review 73 (6): 2897.
go back to reference Baumgartner, Frank, and Bryan Jones. 2009. Agendas and Instability in American Politics. 2nd ed. Chicago and London: Chicago University Press. Baumgartner, Frank, and Bryan Jones. 2009. Agendas and Instability in American Politics. 2nd ed. Chicago and London: Chicago University Press.
go back to reference Bean, Bruce W. 2012. “Further to Professor Alldridge’s ‘Caffeinated’ Article: What ‘Stuff’ Did the Professor Have in Mind?” Working Paper, Social Science Research Network. Bean, Bruce W. 2012. “Further to Professor Alldridge’s ‘Caffeinated’ Article: What ‘Stuff’ Did the Professor Have in Mind?” Working Paper, Social Science Research Network.
go back to reference Blum, Jack. 2009. “Testimony on the Problem of Curbing Grand Scale Global Corruption Before the Committee on Financial Services, U.S. House of Representatives.” 111th Congress, 1st Session, May 19. Blum, Jack. 2009. “Testimony on the Problem of Curbing Grand Scale Global Corruption Before the Committee on Financial Services, U.S. House of Representatives.” 111th Congress, 1st Session, May 19.
go back to reference Blustein, Paul. 1997. “Fight Looms over Foreign Bribery: France, Germany Blocking Efforts to Outlaw Practice, U.S. Officials Say.” Washington Post, May 9. Copy in OECD Archives. Blustein, Paul. 1997. “Fight Looms over Foreign Bribery: France, Germany Blocking Efforts to Outlaw Practice, U.S. Officials Say.” Washington Post, May 9. Copy in OECD Archives.
go back to reference Boswell, Nancy Zucker. 1997. “Emerging Consensus on Controlling Corruption.” Journal of International Law 18 (4): 44–69. Boswell, Nancy Zucker. 1997. “Emerging Consensus on Controlling Corruption.” Journal of International Law 18 (4): 44–69.
go back to reference C(94)75/FINAL. 1994. Recommendation of the Council on Bribery in International Business Transactions, Adopted by the Council on 27 1994 at Its 829th Session (July 11). OECD Archives, Paris Headquarters. C(94)75/FINAL. 1994. Recommendation of the Council on Bribery in International Business Transactions, Adopted by the Council on 27 1994 at Its 829th Session (July 11). OECD Archives, Paris Headquarters.
go back to reference C(96)27/FINAL. 1996. Recommendation of the Council on the Tax Deductibility of Bribes to Foreign Public Officials, Adopted by the Council on 11 April 1996 at Its 873rd Session (April 17). OECD Archives, Paris Headquarters. C(96)27/FINAL. 1996. Recommendation of the Council on the Tax Deductibility of Bribes to Foreign Public Officials, Adopted by the Council on 11 April 1996 at Its 873rd Session (April 17). OECD Archives, Paris Headquarters.
go back to reference C(97)123/FINAL. 1997. Revised Recommendation of the Council on Bribery in International Business Transactions, Adopted by the Council at Its 901st Session on 23 May 1997 (May 30). OECD Archives, Paris Headquarters. C(97)123/FINAL. 1997. Revised Recommendation of the Council on Bribery in International Business Transactions, Adopted by the Council at Its 901st Session on 23 May 1997 (May 30). OECD Archives, Paris Headquarters.
go back to reference Carreño, Edmundo Vargas. 2000. “The Inter-American Convention Against Corruption.” Paper Presented at the Conference for Transparency and Development in Latin America and the Caribbean, Lima, Peru, February 8–10. Carreño, Edmundo Vargas. 2000. “The Inter-American Convention Against Corruption.” Paper Presented at the Conference for Transparency and Development in Latin America and the Caribbean, Lima, Peru, February 8–10.
go back to reference Coburn, Sara. 1995. “OECD Symposium Against Bribery.” BBC TV1, March 13. Copy of transcript in the OECD Archives. Coburn, Sara. 1995. “OECD Symposium Against Bribery.” BBC TV1, March 13. Copy of transcript in the OECD Archives.
go back to reference Common Position 97/661/JHA. 1997. “Common Position Drawn Up on the Basis of Article K.3 of the Treaty on European Union on Negotiations in the Council of Europe and the OECD Relating to Corruption.” Official Journal L 279 (October 6): 1–2. Common Position 97/661/JHA. 1997. “Common Position Drawn Up on the Basis of Article K.3 of the Treaty on European Union on Negotiations in the Council of Europe and the OECD Relating to Corruption.” Official Journal L 279 (October 6): 1–2.
go back to reference Conference of European Ministers of Justice. 1995. Administrative, Civil, and Penal Aspects, Including the Role of the Judiciary, of the Fight against Corruption. Proceedings, 19th Conference of European Ministers of Justice CM(94)117, June 14–15, 1994, Valletta, Malta. Strasbourg: Council of Europe Publishing. Conference of European Ministers of Justice. 1995. Administrative, Civil, and Penal Aspects, Including the Role of the Judiciary, of the Fight against Corruption. Proceedings, 19th Conference of European Ministers of Justice CM(94)117, June 14–15, 1994, Valletta, Malta. Strasbourg: Council of Europe Publishing.
go back to reference Council of Europe. 1999a. Criminal Law Convention on Corruption = Convention Pénale Sur La Corruption. Strasbourg: Council of Europe Publication. Council of Europe. 1999a. Criminal Law Convention on Corruption = Convention Pénale Sur La Corruption. Strasbourg: Council of Europe Publication.
go back to reference ———. 1999b. Civil Law Convention on Corruption: And Explanatory Report. Strasbourg: Council of Europe Publishing. ———. 1999b. Civil Law Convention on Corruption: And Explanatory Report. Strasbourg: Council of Europe Publishing.
go back to reference DAFFE/IME/PI(91)1. Agenda. Ad Hoc Group on Illicit Payments (June 13, 1991). OECD Archives, Paris Headquarters. DAFFE/IME/PI(91)1. Agenda. Ad Hoc Group on Illicit Payments (June 13, 1991). OECD Archives, Paris Headquarters.
go back to reference ———(91)2. Feasibility Study on Available International Means for Dealing with Illicit Payments in International Commercial Transactions. Ad Hoc Group on Illicit Payments, Note by the Secretariat (June 13, 1991). OECD Archives, Paris Headquarters. ———(91)2. Feasibility Study on Available International Means for Dealing with Illicit Payments in International Commercial Transactions. Ad Hoc Group on Illicit Payments, Note by the Secretariat (June 13, 1991). OECD Archives, Paris Headquarters.
go back to reference ———(91)2/REV1. Feasibility Study on Available International Means for Dealing with Illicit Payments in International Commercial Transactions. Ad Hoc Group on Illicit Payments, Note by the Secretariat (September 30, 1991). OECD Archives, Paris Headquarters. ———(91)2/REV1. Feasibility Study on Available International Means for Dealing with Illicit Payments in International Commercial Transactions. Ad Hoc Group on Illicit Payments, Note by the Secretariat (September 30, 1991). OECD Archives, Paris Headquarters.
go back to reference ———(91)3. Summary Record of the Meeting Held 13–14 June 1991. Ad Hoc Group on Illicit Payments (September 23, 1991). OECD Archives, Paris Headquarters. ———(91)3. Summary Record of the Meeting Held 13–14 June 1991. Ad Hoc Group on Illicit Payments (September 23, 1991). OECD Archives, Paris Headquarters.
go back to reference ———(91)4. Agenda. Ad Hoc Group on Illicit Payments (September 23, 1991). OECD Archives, Paris Headquarters. ———(91)4. Agenda. Ad Hoc Group on Illicit Payments (September 23, 1991). OECD Archives, Paris Headquarters.
go back to reference ———(91)5. Illicit Payments in International Commercial Transactions: Question of Future Work in OECD. Ad Hoc Group on Illicit Payments, Note by the Secretariat (October 2, 1991). OECD Archives, Paris Headquarters. ———(91)5. Illicit Payments in International Commercial Transactions: Question of Future Work in OECD. Ad Hoc Group on Illicit Payments, Note by the Secretariat (October 2, 1991). OECD Archives, Paris Headquarters.
go back to reference ———(91)5/ANN2. Annex 2. Ad Hoc Group on Illicit Payments (October 2, 1991). OECD Archives, Paris Headquarters. ———(91)5/ANN2. Annex 2. Ad Hoc Group on Illicit Payments (October 2, 1991). OECD Archives, Paris Headquarters.
go back to reference ———(91)7. Illicit Payments In International Commercial Transactions. Report by the Ad Hoc Group on Illicit Payments (November 21, 1991). OECD Archives, Paris Headquarters. ———(91)7. Illicit Payments In International Commercial Transactions. Report by the Ad Hoc Group on Illicit Payments (November 21, 1991). OECD Archives, Paris Headquarters.
go back to reference ———(91)7/ANN1. Annex 1: Feasibility Study on Available International Means for Dealing with Illicit Payments in International Commercial Transactions (November 21, 1991). OECD Archives, Paris Headquarters. ———(91)7/ANN1. Annex 1: Feasibility Study on Available International Means for Dealing with Illicit Payments in International Commercial Transactions (November 21, 1991). OECD Archives, Paris Headquarters.
go back to reference ———(91)7/ANN2. Annex 2: Observations by the Italian Delegation (November 21, 1991). OECD Archives, Paris Headquarters. ———(91)7/ANN2. Annex 2: Observations by the Italian Delegation (November 21, 1991). OECD Archives, Paris Headquarters.
go back to reference ———(92)2. Agenda. Ad Hoc Group on Illicit Payments (June 16, 1992). OECD Archives, Paris Headquarters. ———(92)2. Agenda. Ad Hoc Group on Illicit Payments (June 16, 1992). OECD Archives, Paris Headquarters.
go back to reference ———(92)3. Illicit Payments in International Commercial Transactions. Ad Hoc Group on Illicit Payments, Note by the Secretariat (June 18, 1992). OECD Archives, Paris Headquarters. ———(92)3. Illicit Payments in International Commercial Transactions. Ad Hoc Group on Illicit Payments, Note by the Secretariat (June 18, 1992). OECD Archives, Paris Headquarters.
go back to reference ———(92)3/ANN. Annex: Substantive Elements to be Considered Together with Procedural Options (June 18, 1992). OECD Archives, Paris Headquarters. ———(92)3/ANN. Annex: Substantive Elements to be Considered Together with Procedural Options (June 18, 1992). OECD Archives, Paris Headquarters.
go back to reference DAFFE/IME/PI(92)3/REV1. Illicit Payments in International Commercial Transactions. Ad Hoc Group on Illicit Payments (October 9, 1992). OECD Archives, Paris Headquarters. DAFFE/IME/PI(92)3/REV1. Illicit Payments in International Commercial Transactions. Ad Hoc Group on Illicit Payments (October 9, 1992). OECD Archives, Paris Headquarters.
go back to reference ———(92)3/REV2. Feasibility Study on Illicit Payments in International Commercial Transactions. Ad Hoc Group on Illicit Payments (December 4, 1992). OECD Archives, Paris Headquarters. ———(92)3/REV2. Feasibility Study on Illicit Payments in International Commercial Transactions. Ad Hoc Group on Illicit Payments (December 4, 1992). OECD Archives, Paris Headquarters.
go back to reference ———(92)3/REV3. Feasibility Study on Illicit Payments in International Commercial Transactions. Ad Hoc Group on Illicit Payments (December 17, 1992). OECD Archives, Paris Headquarters. ———(92)3/REV3. Feasibility Study on Illicit Payments in International Commercial Transactions. Ad Hoc Group on Illicit Payments (December 17, 1992). OECD Archives, Paris Headquarters.
go back to reference DAFFE/IME(93)11. Private Business Practices. Note by the Secretariat (April 14, 1993). OECD Archives, Paris Headquarters. DAFFE/IME(93)11. Private Business Practices. Note by the Secretariat (April 14, 1993). OECD Archives, Paris Headquarters.
go back to reference ———(93)17. Programme of Work 1994. Note by the Secretariat (April 7, 1993). OECD Archives, Paris Headquarters. ———(93)17. Programme of Work 1994. Note by the Secretariat (April 7, 1993). OECD Archives, Paris Headquarters.
go back to reference ———(93)21. Illicit Payments, Note by the Secretariat (April 15, 1993) OECD Archives, Paris Headquarters. ———(93)21. Illicit Payments, Note by the Secretariat (April 15, 1993) OECD Archives, Paris Headquarters.
go back to reference DAFFE/IME/PI(93)1. Elements of Recommendation—General Considerations. Ad Hoc Group on Illicit Payments, Notes by the Netherlands Delegation (August 23, 1993). OECD Archives, Paris Headquarters. DAFFE/IME/PI(93)1. Elements of Recommendation—General Considerations. Ad Hoc Group on Illicit Payments, Notes by the Netherlands Delegation (August 23, 1993). OECD Archives, Paris Headquarters.
go back to reference ———(93)2. Elements of Recommendation—Definition and Domestic Action. Ad Hoc Group on Illicit Payments, Notes by the Italian Delegation (August 23, 1993). OECD Archives, Paris Headquarters. ———(93)2. Elements of Recommendation—Definition and Domestic Action. Ad Hoc Group on Illicit Payments, Notes by the Italian Delegation (August 23, 1993). OECD Archives, Paris Headquarters.
go back to reference ———(93)3. Elements of Recommendation—International Cooperation. Ad Hoc Group on Illicit Payments, Notes by the United States Delegation (August 23, 1993). OECD Archives, Paris Headquarters. ———(93)3. Elements of Recommendation—International Cooperation. Ad Hoc Group on Illicit Payments, Notes by the United States Delegation (August 23, 1993). OECD Archives, Paris Headquarters.
go back to reference ———(93)5. Assimilation. Ad Hoc Group on Illicit Payments, Note by the German Delegation (August 23, 1993). OECD Archives, Paris Headquarters. ———(93)5. Assimilation. Ad Hoc Group on Illicit Payments, Note by the German Delegation (August 23, 1993). OECD Archives, Paris Headquarters.
go back to reference ———(93)6. Tax Treatment of Illicit Payments. Note by the Secreatriat (August 27, 1993). OECD Archives, Paris Headquarters. ———(93)6. Tax Treatment of Illicit Payments. Note by the Secreatriat (August 27, 1993). OECD Archives, Paris Headquarters.
go back to reference ———(93)9. Report on the OECD Recommendation on the Bribery of Foreign Public Officials. Report to the CIME (October 26, 1993). OECD Archives, Paris Headquarters. ———(93)9. Report on the OECD Recommendation on the Bribery of Foreign Public Officials. Report to the CIME (October 26, 1993). OECD Archives, Paris Headquarters.
go back to reference ———(93)10. Draft Recommendation of the Council on the Bribery of Foreign Public Officials. Ad Hoc Group on Illicit Payments, Note by the Unites States Delegation (December 7, 1993). OECD Archives, Paris Headquarters. ———(93)10. Draft Recommendation of the Council on the Bribery of Foreign Public Officials. Ad Hoc Group on Illicit Payments, Note by the Unites States Delegation (December 7, 1993). OECD Archives, Paris Headquarters.
go back to reference ———(93)11. Report on the OECD Recommendation on Bribery in International Business Transactions. Draft Report to the CIME, Ad Hoc Group on Illicit Payments, Note by the United States Delegation (December 27, 1993). OECD Archives, Paris Headquarters. ———(93)11. Report on the OECD Recommendation on Bribery in International Business Transactions. Draft Report to the CIME, Ad Hoc Group on Illicit Payments, Note by the United States Delegation (December 27, 1993). OECD Archives, Paris Headquarters.
go back to reference DAFFE/IME/BR/RD(95)1. Criminalisation of Bribery of Foreign Public Officials. Working Group on Bribery in International Business Transactions (October 11, 1995). OECD Archives, Paris Headquarters. DAFFE/IME/BR/RD(95)1. Criminalisation of Bribery of Foreign Public Officials. Working Group on Bribery in International Business Transactions (October 11, 1995). OECD Archives, Paris Headquarters.
go back to reference DAFFE/IME/BR(96)2. Implementation of the Recommendation on Bribery in International Business Transactions. Draft Report of the CIME to the 1996 Meeting of the Council at Ministerial Level (March 27, 1996). OECD Archives, Paris Headquarters. DAFFE/IME/BR(96)2. Implementation of the Recommendation on Bribery in International Business Transactions. Draft Report of the CIME to the 1996 Meeting of the Council at Ministerial Level (March 27, 1996). OECD Archives, Paris Headquarters.
go back to reference DAFFE/IME/BR/A(96)6/REV1. Agenda. Working Group on Bribery in International Business Transactions (November 6, 1996). OECD Archives, Paris Headquarters. DAFFE/IME/BR/A(96)6/REV1. Agenda. Working Group on Bribery in International Business Transactions (November 6, 1996). OECD Archives, Paris Headquarters.
go back to reference Della Porta, Donatella, and Yves Mény, eds. 1997. Democracy and Corruption in Europe. London: Pinter. Della Porta, Donatella, and Yves Mény, eds. 1997. Democracy and Corruption in Europe. London: Pinter.
go back to reference Eicher, Sharon. 2012. Corruption in International Business: The Challenge of Cultural and Legal Diversity. Farnham: Gower Publishing. Eicher, Sharon. 2012. Corruption in International Business: The Challenge of Cultural and Legal Diversity. Farnham: Gower Publishing.
go back to reference Eigen, Peter. 2013. “International Corruption: Organized Civil Society for Better Global Governance.” Social Research: An International Quarterly 80 (4): 1287–1308. Eigen, Peter. 2013. “International Corruption: Organized Civil Society for Better Global Governance.” Social Research: An International Quarterly 80 (4): 1287–1308.
go back to reference Elliott, Kimberly Ann. 1997. “Corruption as an International Policy Problem: Overview and Recommendations.” In Corruption and the Global Economy, edited by Kimberley A. Elliott, 175–233. Washington, DC: Peterson Institute for International Economics. Elliott, Kimberly Ann. 1997. “Corruption as an International Policy Problem: Overview and Recommendations.” In Corruption and the Global Economy, edited by Kimberley A. Elliott, 175–233. Washington, DC: Peterson Institute for International Economics.
go back to reference Ervin, Carolyn, fax to M. Pieth. September 23, 1996. OECD Archives, Paris Headquarters. Ervin, Carolyn, fax to M. Pieth. September 23, 1996. OECD Archives, Paris Headquarters.
go back to reference European Union. 1998. “Convention Drawn Up on the Basis of Article K.3 (2) (C) of the Treaty on European Union on the Fight Against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union: (May 26, 1997).” International Legal Materials: Current Documents 37: 12–21. European Union. 1998. “Convention Drawn Up on the Basis of Article K.3 (2) (C) of the Treaty on European Union on the Fight Against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union: (May 26, 1997).” International Legal Materials: Current Documents 37: 12–21.
go back to reference Feinberg, Richard E. 1997. Summitry in the Americas: A Progress Report. Washington, DC: Peterson Institute. Feinberg, Richard E. 1997. Summitry in the Americas: A Progress Report. Washington, DC: Peterson Institute.
go back to reference Galtung, Fredrik, and Jeremy Pope. 1999. “The Global Coalition Against Corruption: Evaluating Transparency International.” In The Self-Restraining State: Power and Accountability in New Democracies, edited by Andreas Schedler, Marc Plattner, and Larry Jay Diamond, 257–285. Boulder, CO: Lynne Rienner Publishers. Galtung, Fredrik, and Jeremy Pope. 1999. “The Global Coalition Against Corruption: Evaluating Transparency International.” In The Self-Restraining State: Power and Accountability in New Democracies, edited by Andreas Schedler, Marc Plattner, and Larry Jay Diamond, 257–285. Boulder, CO: Lynne Rienner Publishers.
go back to reference Glynn, Patrick, Stephen Kobrin, and Moises Naim. 1997. “The Globalization of Corruption.” In Corruption and the Global Economy, edited by Kimberly Ann Elliott, 7–31. Washington, DC: Peterson Institute. Glynn, Patrick, Stephen Kobrin, and Moises Naim. 1997. “The Globalization of Corruption.” In Corruption and the Global Economy, edited by Kimberly Ann Elliott, 7–31. Washington, DC: Peterson Institute.
go back to reference Harris, Robert. 2003. Political Corruption: In and Beyond the Nation State. London: Routledge.CrossRef Harris, Robert. 2003. Political Corruption: In and Beyond the Nation State. London: Routledge.CrossRef
go back to reference Heimann, Fritz. 1996a. “Will There Be a Tipping Point in the Fight Against International Bribery: The Synergy Between Government and Business Measures to Curb Corruption.” Presented at Meeting of OECD Working Group on Bribery in International Business Transactions, Paris, France, November 6. Heimann, Fritz. 1996a. “Will There Be a Tipping Point in the Fight Against International Bribery: The Synergy Between Government and Business Measures to Curb Corruption.” Presented at Meeting of OECD Working Group on Bribery in International Business Transactions, Paris, France, November 6.
go back to reference ———. 1996b. “The Role of the ICC in Combating Extortion and Bribery.” Presented at Meeting of OECD Working Group on Bribery in International Business Transactions, Paris, France, November 6. ———. 1996b. “The Role of the ICC in Combating Extortion and Bribery.” Presented at Meeting of OECD Working Group on Bribery in International Business Transactions, Paris, France, November 6.
go back to reference International Trade Commission. 1997. Operation of the Trade Agreements Program, the Year in Trade, 49th Report. Collingdale, PA: Diane Publishing. International Trade Commission. 1997. Operation of the Trade Agreements Program, the Year in Trade, 49th Report. Collingdale, PA: Diane Publishing.
go back to reference Larson, Alan. 1997. “US Policy on Corruption.” In Corruption and the Global Economy, edited by Kimberly Ann Elliott, 237–241. Washington, DC: Peterson Institute. Larson, Alan. 1997. “US Policy on Corruption.” In Corruption and the Global Economy, edited by Kimberly Ann Elliott, 237–241. Washington, DC: Peterson Institute.
go back to reference Manfroni, Carlos A., and Richard S. Werksman. 2003. The Inter-American Convention Against Corruption: Annotated with Commentary. Lanham, MD: Lexington Books. Manfroni, Carlos A., and Richard S. Werksman. 2003. The Inter-American Convention Against Corruption: Annotated with Commentary. Lanham, MD: Lexington Books.
go back to reference Metcalfe, D. 2000. “The OECD Agreement to Criminalize Bribery: A Negotiation Analytic Perspective.” International Negotiation 5 (1): 129–155. Metcalfe, D. 2000. “The OECD Agreement to Criminalize Bribery: A Negotiation Analytic Perspective.” International Negotiation 5 (1): 129–155.
go back to reference Mills, C. Wright. 1959. The Sociological Imagination. New York: Oxford University Press. Mills, C. Wright. 1959. The Sociological Imagination. New York: Oxford University Press.
go back to reference Pieth, Mark. 1999. “International Efforts to Combat Corruption.” Paper Presented at the 9th International Anti-Corruption Conference (IACC), Durban, South Africa, October 10–15. Pieth, Mark. 1999. “International Efforts to Combat Corruption.” Paper Presented at the 9th International Anti-Corruption Conference (IACC), Durban, South Africa, October 10–15.
go back to reference ———. 2013. “Introduction.” In The OECD Convention on Bribery: A Commentary, edited by Mark Pieth Lucinda A. Low, and Nicola Bonucci, 3–56. 2nd ed. Cambridge: Cambridge University Press. ———. 2013. “Introduction.” In The OECD Convention on Bribery: A Commentary, edited by Mark Pieth Lucinda A. Low, and Nicola Bonucci, 3–56. 2nd ed. Cambridge: Cambridge University Press.
go back to reference ———. 2018. “Bribing Foreign Officials: The OECD Anticorruption Instruments.” In Confronting Corruption: Past Concerns, Present Challenges, and Future Strategies, edited by Fritz Heimann and Mark Pieth, 75–101. New York: Oxford University Press. ———. 2018. “Bribing Foreign Officials: The OECD Anticorruption Instruments.” In Confronting Corruption: Past Concerns, Present Challenges, and Future Strategies, edited by Fritz Heimann and Mark Pieth, 75–101. New York: Oxford University Press.
go back to reference Pope, Jeremy. 2011. “Getting Integrity Reforms Adopted Internationally.” In Delivering Policy Reform: Anchoring Significant Reforms in Turbulent Times, edited by Evert A. Lindquist, Sam Vincent, and John Wanna, 145–167. Canberra: ANU Press. Pope, Jeremy. 2011. “Getting Integrity Reforms Adopted Internationally.” In Delivering Policy Reform: Anchoring Significant Reforms in Turbulent Times, edited by Evert A. Lindquist, Sam Vincent, and John Wanna, 145–167. Canberra: ANU Press.
go back to reference Spector, Malcolm, and John Kitsuse. 2009. Constructing Social Problems. 4th ed. Rutgers, NJ: Transaction Publishers. Spector, Malcolm, and John Kitsuse. 2009. Constructing Social Problems. 4th ed. Rutgers, NJ: Transaction Publishers.
go back to reference Symposium on Corruption and Good Governance. 1996. OECD Working Papers (34) 4, OECD Archives, Paris Headquarters. Symposium on Corruption and Good Governance. 1996. OECD Working Papers (34) 4, OECD Archives, Paris Headquarters.
go back to reference Szarek-Mason, Patrycja. 2010. The European Union’s Fight Against Corruption: The Evolving Policy Towards Member States and Candidate Countries. Cambridge: Cambridge University Press.CrossRef Szarek-Mason, Patrycja. 2010. The European Union’s Fight Against Corruption: The Evolving Policy Towards Member States and Candidate Countries. Cambridge: Cambridge University Press.CrossRef
go back to reference Tanzi, Vito. 1998. “Corruption Around the World: Causes, Consequences, Scope, and Cures.” IMF Staff Papers 45 (1): 559–594.CrossRef Tanzi, Vito. 1998. “Corruption Around the World: Causes, Consequences, Scope, and Cures.” IMF Staff Papers 45 (1): 559–594.CrossRef
go back to reference UN Economic and Social Council. 1996. 86th Session. “Resolution 51/191 [Declaration Against Corruption and Bribery in International Commercial Transactions].” December 16 (A/RES/51/191), New York. UN Economic and Social Council. 1996. 86th Session. “Resolution 51/191 [Declaration Against Corruption and Bribery in International Commercial Transactions].” December 16 (A/RES/51/191), New York.
go back to reference U.N. General Assembly. 2000. 55th Session (81st Plenary Meeting). “An Effective International Legal Instrument Against Corruption.” December 4 (A/RES/55/61), New York. U.N. General Assembly. 2000. 55th Session (81st Plenary Meeting). “An Effective International Legal Instrument Against Corruption.” December 4 (A/RES/55/61), New York.
go back to reference Vlassis, Dimitri. 2004. “The United Nations Convention Against Corruption: Origins and Negotiation Process.” Resource Material Series (66). Vlassis, Dimitri. 2004. “The United Nations Convention Against Corruption: Origins and Negotiation Process.” Resource Material Series (66).
go back to reference Vogl, Frank. 2012. Waging War on Corruption: Inside the Movement Fighting the Abuse of Power. Lanham, MD: Rowman & Littlefield. Vogl, Frank. 2012. Waging War on Corruption: Inside the Movement Fighting the Abuse of Power. Lanham, MD: Rowman & Littlefield.
go back to reference Washington Embassy, Telegram to Foreign and Commonwealth Office (UK). May 21, 1997. RefN 1160. OECD Archives, Paris Headquarters. Washington Embassy, Telegram to Foreign and Commonwealth Office (UK). May 21, 1997. RefN 1160. OECD Archives, Paris Headquarters.
go back to reference World Bank Group. 1992. “Report to the Development Committee and Guidelines on the Treatment of Foreign Direct Investment.” In Legal Framework for the Treatment of Foreign Investment. Vol. II. Washington, DC: World Bank Group. World Bank Group. 1992. “Report to the Development Committee and Guidelines on the Treatment of Foreign Direct Investment.” In Legal Framework for the Treatment of Foreign Investment. Vol. II. Washington, DC: World Bank Group.
Metadata
Title
The OECD Convention and Beyond: State-Powered Coalition Building in a Broken World
Author
Elitza Katzarova
Copyright Year
2019
DOI
https://doi.org/10.1007/978-3-319-98569-5_7