This Rapid Evidence Assessment (REA), based on 57 studies carried out in policing and other profe... more This Rapid Evidence Assessment (REA), based on 57 studies carried out in policing and other professions, aimed to identify interventions, mechanisms and levers that might encourage ethical behaviour and prevent wrongdoing in organisations. Taken together, the evidence raises a number of possibilities for organisations for action, though no readymade single solution was identified. The importance of strong and effective leadershipsuch as leaders being open, acting as role models, and also being 'firm' in terms of setting and enforcing standards -was highlighted as encouraging ethical behaviour, as well as being an essential ingredient for the successful implementation of interventions. Promising interventions tended to be broadly preventive or remedial in their approach, rather than focused on apprehending and disciplining those responsible for wrongdoing.
By most measures, Hong Kong’s companies rank relatively poor in terms of adopting business measur... more By most measures, Hong Kong’s companies rank relatively poor in terms of adopting business measures aimed at preventing, detecting, and sanctioning corruption. Because Hong Kong anti-corruption law has focused on natural rather than legal persons, Hong Kong’s companies have hitherto had little incentive to adopt corporate policies and practices aimed at fighting corruption committed by its agents. In this brief, we argue that Hong Kong should adopt legal provisions similar to those in other upper-income countries (like the US, UK and Western Europe), which provide the incentives for companies to engage in some self-policing. Hong Kong law should penalise corporations for corruption committed by their agents. Such law should provide incentives for self-policing by offering limited relief from prosecution for companies which adopt generally effective, comprehensive and risk-focused anti-corruption programmes. Such law should introduce incentives for professional associations, business groups, accountants and other “stakeholders” to assist companies implement anti-corruption policies and practices. Corporate whistleblowing needs to be protected. We also recommend the restructuring of the ICAC’s Ethics Development Centre so can play a more effective role in helping companies adopt adequate anti-corruption measures.
... The International Chamber of Commerce (ICC) tried to infuse ethics into commercial practices ... more ... The International Chamber of Commerce (ICC) tried to infuse ethics into commercial practices by drafting ... 43 Eg Council of Europe Convention on Cyber-Crime 2003. ... the international scene as an agenda worth pursuing vigorously.46 Even developing countries are embracing ...
“Computers have ushered in a new age filled with the potential for good. Unfortunately, the compu... more “Computers have ushered in a new age filled with the potential for good. Unfortunately, the computer age also has ushered in new types of crime for the police to address. law enforcement must seek ways to keep drawbacks from overshadowing the great promise of the computer age.” (Carter & Katz)1The growth in the use of computers and of electronic trading around the world has highlighted the economic potential of computer technology both to industry and states. The importance of encouraging a flourishing market in all aspects of this technology has been fairly central to most national governments and many regional groupings. In an attempt to secure the investment which will follow this industry governments seem to compete to provide the most advantageous legal environment in which to facilitate the potential wealth creating aspects of IT. To this end many governments have passed legislation to secure the electronic environment from intrusion. This article considers three such attempts (the UK, Malaysia and Singapore). It compares the laws, the powers of investigation and the penalty levels, as well as the amount of use to which these laws are put once enacted and suggests that these criminal laws have more to do with political and economic competition than with any genuine attempt to curtail intrusive and destructive activities directed at computers. It suggests that the laws may actually be economically destructive and recommends other measures that might be more usefully employed to control these activities.
Anti-corruption strategies over the past two decades have expanded to include a variety of measur... more Anti-corruption strategies over the past two decades have expanded to include a variety of measures ranging from international conventions and anti-corruption toolkits to business and NGO (Non Governmental Organisation) initiatives. While these strategies are ...
... of conditions on the ground, level of expertise, and, more importantly, the level of freedom ... more ... of conditions on the ground, level of expertise, and, more importantly, the level of freedom ... 624 SUFFOLK UNIVERSITY LAW REVIEW [Vol. ... small and medium enterprises; the public sector, including the judiciary, enforcement agencies, and public procurement agencies; and ...
Existing survey data enables the identification of some general issues regarding company practice... more Existing survey data enables the identification of some general issues regarding company practices and attitudes to combating corruption and give some indication of limiting factors. These insights are a useful starting point but the survey findings are not directly comparable and provide only a descriptive, fragmented understanding of the issues.
Global anti-corruption strategies range from regulation and self-regulation in the form of corpor... more Global anti-corruption strategies range from regulation and self-regulation in the form of corporate and industry codes to non-governmental organisation (NGO) initiatives. Undoubtedly, these strategies are crucial in the fight against corruption in international business. But are these strategies working? If not, how can they be improved further? Understanding the impact of the strategies on company behaviour is essential for answering these questions and for suggesting improvements to the current strategies.
The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Tr... more The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions was adopted in 1997. During the last ten years the OECD has been extremely busy monitoring the implementation of this Convention in contracting states. During this process a number of issues have emerged. This article examines some of these: (1) the role and impact of the functional equivalence approach, (2) the effect of gaps and flexibility surrounding international business transactions and corporate liability, and (3) Article 5 and the defence of necessity available to a State under customary international law in the context of the UK decision to end the BAE investigations.
Since the 1990s the international community has become acutely aware of the role of businesses in... more Since the 1990s the international community has become acutely aware of the role of businesses in the growth of corruption globally and the debilitating effects of corruption on economic growth and development. A multitude of strategies from regulation in the form of international legal instruments and self-regulation in the form of codes of conduct through to training of employees and involvement of NGOs and citizens in tackling corruption have emerged and these have been vociferously advocated by international organizations, chambers of commerce and NGOs. This article examines the extent to which these strategies have impacted on the policies and practices of businesses through a survey of companies listed in The Times (London) which included all industry sectors with the exception of banking and finance. The survey findings indicate that despite the huge efforts in devising and publicising anti-corruption strategies by the international community these strategies seem to have had limited impact on the policies and practices of companies.
... THE AUTHORS Indira Carr is editor of the journal Luw, Corriyicters arid Artificial Zrttellipi... more ... THE AUTHORS Indira Carr is editor of the journal Luw, Corriyicters arid Artificial Zrttellipice (Triangle) and is a lecturer in law at the University of Exeter, special lecturer in Philosophy at the University of Nottingham and Director of Exeter University Centre for Legal Inter ...
This Rapid Evidence Assessment (REA), based on 57 studies carried out in policing and other profe... more This Rapid Evidence Assessment (REA), based on 57 studies carried out in policing and other professions, aimed to identify interventions, mechanisms and levers that might encourage ethical behaviour and prevent wrongdoing in organisations. Taken together, the evidence raises a number of possibilities for organisations for action, though no readymade single solution was identified. The importance of strong and effective leadershipsuch as leaders being open, acting as role models, and also being 'firm' in terms of setting and enforcing standards -was highlighted as encouraging ethical behaviour, as well as being an essential ingredient for the successful implementation of interventions. Promising interventions tended to be broadly preventive or remedial in their approach, rather than focused on apprehending and disciplining those responsible for wrongdoing.
By most measures, Hong Kong’s companies rank relatively poor in terms of adopting business measur... more By most measures, Hong Kong’s companies rank relatively poor in terms of adopting business measures aimed at preventing, detecting, and sanctioning corruption. Because Hong Kong anti-corruption law has focused on natural rather than legal persons, Hong Kong’s companies have hitherto had little incentive to adopt corporate policies and practices aimed at fighting corruption committed by its agents. In this brief, we argue that Hong Kong should adopt legal provisions similar to those in other upper-income countries (like the US, UK and Western Europe), which provide the incentives for companies to engage in some self-policing. Hong Kong law should penalise corporations for corruption committed by their agents. Such law should provide incentives for self-policing by offering limited relief from prosecution for companies which adopt generally effective, comprehensive and risk-focused anti-corruption programmes. Such law should introduce incentives for professional associations, business groups, accountants and other “stakeholders” to assist companies implement anti-corruption policies and practices. Corporate whistleblowing needs to be protected. We also recommend the restructuring of the ICAC’s Ethics Development Centre so can play a more effective role in helping companies adopt adequate anti-corruption measures.
... The International Chamber of Commerce (ICC) tried to infuse ethics into commercial practices ... more ... The International Chamber of Commerce (ICC) tried to infuse ethics into commercial practices by drafting ... 43 Eg Council of Europe Convention on Cyber-Crime 2003. ... the international scene as an agenda worth pursuing vigorously.46 Even developing countries are embracing ...
“Computers have ushered in a new age filled with the potential for good. Unfortunately, the compu... more “Computers have ushered in a new age filled with the potential for good. Unfortunately, the computer age also has ushered in new types of crime for the police to address. law enforcement must seek ways to keep drawbacks from overshadowing the great promise of the computer age.” (Carter & Katz)1The growth in the use of computers and of electronic trading around the world has highlighted the economic potential of computer technology both to industry and states. The importance of encouraging a flourishing market in all aspects of this technology has been fairly central to most national governments and many regional groupings. In an attempt to secure the investment which will follow this industry governments seem to compete to provide the most advantageous legal environment in which to facilitate the potential wealth creating aspects of IT. To this end many governments have passed legislation to secure the electronic environment from intrusion. This article considers three such attempts (the UK, Malaysia and Singapore). It compares the laws, the powers of investigation and the penalty levels, as well as the amount of use to which these laws are put once enacted and suggests that these criminal laws have more to do with political and economic competition than with any genuine attempt to curtail intrusive and destructive activities directed at computers. It suggests that the laws may actually be economically destructive and recommends other measures that might be more usefully employed to control these activities.
Anti-corruption strategies over the past two decades have expanded to include a variety of measur... more Anti-corruption strategies over the past two decades have expanded to include a variety of measures ranging from international conventions and anti-corruption toolkits to business and NGO (Non Governmental Organisation) initiatives. While these strategies are ...
... of conditions on the ground, level of expertise, and, more importantly, the level of freedom ... more ... of conditions on the ground, level of expertise, and, more importantly, the level of freedom ... 624 SUFFOLK UNIVERSITY LAW REVIEW [Vol. ... small and medium enterprises; the public sector, including the judiciary, enforcement agencies, and public procurement agencies; and ...
Existing survey data enables the identification of some general issues regarding company practice... more Existing survey data enables the identification of some general issues regarding company practices and attitudes to combating corruption and give some indication of limiting factors. These insights are a useful starting point but the survey findings are not directly comparable and provide only a descriptive, fragmented understanding of the issues.
Global anti-corruption strategies range from regulation and self-regulation in the form of corpor... more Global anti-corruption strategies range from regulation and self-regulation in the form of corporate and industry codes to non-governmental organisation (NGO) initiatives. Undoubtedly, these strategies are crucial in the fight against corruption in international business. But are these strategies working? If not, how can they be improved further? Understanding the impact of the strategies on company behaviour is essential for answering these questions and for suggesting improvements to the current strategies.
The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Tr... more The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions was adopted in 1997. During the last ten years the OECD has been extremely busy monitoring the implementation of this Convention in contracting states. During this process a number of issues have emerged. This article examines some of these: (1) the role and impact of the functional equivalence approach, (2) the effect of gaps and flexibility surrounding international business transactions and corporate liability, and (3) Article 5 and the defence of necessity available to a State under customary international law in the context of the UK decision to end the BAE investigations.
Since the 1990s the international community has become acutely aware of the role of businesses in... more Since the 1990s the international community has become acutely aware of the role of businesses in the growth of corruption globally and the debilitating effects of corruption on economic growth and development. A multitude of strategies from regulation in the form of international legal instruments and self-regulation in the form of codes of conduct through to training of employees and involvement of NGOs and citizens in tackling corruption have emerged and these have been vociferously advocated by international organizations, chambers of commerce and NGOs. This article examines the extent to which these strategies have impacted on the policies and practices of businesses through a survey of companies listed in The Times (London) which included all industry sectors with the exception of banking and finance. The survey findings indicate that despite the huge efforts in devising and publicising anti-corruption strategies by the international community these strategies seem to have had limited impact on the policies and practices of companies.
... THE AUTHORS Indira Carr is editor of the journal Luw, Corriyicters arid Artificial Zrttellipi... more ... THE AUTHORS Indira Carr is editor of the journal Luw, Corriyicters arid Artificial Zrttellipice (Triangle) and is a lecturer in law at the University of Exeter, special lecturer in Philosophy at the University of Nottingham and Director of Exeter University Centre for Legal Inter ...
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