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Posts tagged bribery
Dirty deals Case studies on corruption in waste management and trade

By Nancy Isarin, Claudia Baez Camargo and Amanda Cabrejo le Roux

Executive summary Waste management is a huge industry at the local, national and international levels. Public services play a key role in dealing especially with waste generated by households. Getting it right is essential if we are to achieve a circular economy and the Sustainable Development Goals. Complex legal frameworks and their weak implementation open up spaces for criminals to profit from illegally managing or trading in waste. The consequences on the environment and human health can be severe. The role of corruption in crimes involving waste is unexplored. An initial analysis of five cases shows the potential for corruption to play a role in: • influencing policy decisions involving waste management; • corrupt deals involving the selection of waste management companies linked to powerful elites; • schemes to gain lucrative waste management contracts through systematic bribery; • illegal imports of hazardous waste for profit, avoiding or suppressing formal controls. Different corruption risks affect different steps of the waste management chain: 1. Policies and procedures: Undue influence, state capture 2. Procurement: Bribery, nepotism, favouritism 3. Inspections: Bribery, undue influence, collusion External factors make corruption and crime linked to waste management easier to get away with, including: • poor record keeping and a lack of access to information even where records exist; • low awareness and understanding of the field among public procurement officers, law enforcement and the judiciary; • insufficient monitoring and lack of inspection and enforcement capacities; • poor cooperation between environmental, (financial) investigation and other government agencies. In addition to reforming the legal frameworks governing waste, basic steps to start addressing corruption risks are: • More research and corruption risk assessments on waste management supply chains Greater investment in preventive measures, starting with digitalising administrative processes. • More joined-up enforcement of waste management legislation through inter-agency cooperation and joint investigations. • Extending wider transparency and accountability measures like open data and whistleblowing systems to the waste management field. • Targeted capacity building and awareness raising for regulators and law enforcement. • Collective Action initiatives between public, private and civil society actors in the waste management field, to build trust and understanding, share good practices and co-develop self-regulatory standards.

Basel, SWIT: Basel Institute on Governance, 2023. 62p.

FOR A A BROADER UNDERSTANDING OF UNDERSTANDING OF CORRUPTION AS AS A A CULTURAL FACT, AND ITS INFLUENCE IN IN SOCIETY

By Fernando Forattini

This brief brief article intends to to demonstrate some of the problems with the main theories on corruption and introduce the reader to the new field of Anthropology of Corruption, a type of of research that tries to understand one of the most pressing issues nowadays through a nonbinary point of view, but trying to to understand the root of of corruption, and its its multifaceted characteristic, especially through its cultural aspect; and why it is, contemporarily, the most it is, the most effective political-economic political-economic discourse discourse – - most most at at the the times used in a populistic fashion, at the the expense of of democratic institutions. Therefore, we we will will briefly analyze the three main theoretical strands on corruption and point at some of its faults; then indicate to the reader what are the main goals Anthropology of Corruption, and what questions it seeks to answer; of and, and, finally, the the political impact that corruption discourses have on society, and its perils when on its instrumentalized in populistic discourses.

Academia Letters, Article 2245.. 2024

Selective Bribery: When Do Citizens Engage in Corruption?

By  Aaron Erlich, Jordan Gans-Morse, and Simeon Nichter

  Corruption often persists not only because public officials take bribes, but also because many citizens are willing to pay them. Yet even in countries with endemic corruption, few people always pay bribes. Why do citizens bribe in some situations but not in others? Integrating insights from both principal-agent and collective action approaches to the study of corruption, the authors develop an analytical framework for understanding selective bribery. Their framework reveals how citizens’ motivations, costs, and risks influence their willingness to engage in corruption. A conjoint experiment conducted in Ukraine in 2020 provides substantial corroboration for 10 of 11 pre-registered predictions. By shedding light on conditions that dampen citizens’ readiness to pay bribes, the researchers’ findings offer insights into the types of institutional reforms that may reduce corruption. 

Evanston, IL: Northwestern University, Institute for Policy Research, Working Paper-22-28, 2022. 55p

What is is Corruption: A political and philosophical approach

By Ata Hoodashtian

This study about Corruption Corruption is is not not based on on a a specific specific juridical juridical or or economic economic approach. Corruption can also be be considered as as a a moral moral and and philosophical philosophical issue. The emphasise here is is given to to a a political and philosophical approach with a focus on the last and the most important a on evolutions of Western Societies: the decline of the State and the decline of values. of the State and the decline of values.

Writers and scholars, whom I used as references for this paper, have been studying each of these I as of evolutions for for the the last 20 20 years in in the the West. Globalization is is an an important fact related to to these problems. But how and why? Sociologists and philosophers have been focusing on these issues to study the social and political crisis. To understand what corruption is, is, we we will need to understand to the the function and nature of of the the structural crisis of of Western societies at at the the level of Institutions and of and values. But, how would corruption be related to these facts? These are the questions developed in this paper.

Smuggling and Border Enforcement

By Diana Kim andYuhki Tajima

This article analyzes the efficacy of border enforcement against smuggling. We argue that walls, fences, patrols, and other efforts to secure porous borders can reduce smuggling, but only in the absence of collusion between smugglers and state agents at official border crossings. When such corruption occurs, border enforcement merely diverts smuggling flows without reducing their overall volume. We also identify the conditions under which corruption occurs and characterize border enforcement as a sorting mechanism that allows high-skilled smugglers to forge alternative border-crossing routes while deterring low-skilled smugglers or driving them to bribe local border agents. Combining a formal model and an archival case study of opium smuggling in Southeast Asia, we demonstrate that border enforcement has conditional effects on the routes and volumes of smuggling, depending on the nature of interactions between smugglers and border agents. By drawing attention to the technological and organizational aspects of smuggling, this article brings scholarship on criminal governance into the study of international relations, and contributes to debates on the effects of border enforcement and border politics more generally.

International Organization , Volume 76 , Issue 4 , Fall 2022 , pp. 830 - 867

Bribery and Corruption: Navigating the Global Risks

By Brian Loughman and Richard Sibery

As businesses continue to expand globally into new and emerging markets, bribery and corruption risks have increased exponentially. Bribery and Corruption offers a comprehensive look at this growing problem, and at the Foreign Corrupt Practices Act (FCPA) and other international anti-bribery and corruption conventions. Presenting hypothetical examples of situations companies will face, along with practical solutions, the book offers detailed global guidance on a region and country-specific basis.

The FCPA prohibits US companies and their subsidiaries from bribing foreign officials, either directly or indirectly through intermediaries, for the purpose of obtaining or retaining business. It also requires companies to keep accurate records of all business transactions and maintain an effective system of internal accounting controls. Internationally, the Organization of Economic Cooperation and Development's (OECD's) anti-bribery convention has been adopted by 38 countries and creates legally binding standards related to bribery of foreign public officials.

Hoboken, NJ: Wiley, 2012. 417p.

The OECD Convention on Bribery: A Commentary

By Mark Pieth , Lucinda A. Low and Peter J. Cullen

The OECD Convention is the first major international treaty specifically to address 'supply-side bribery' by sanctioning the briber. The OECD Convention establishes an international standard for compliance with anti-corruption rules by 36 countries, including the 30 OECD members and six non-member countries, with the leading OECD exporting countries receiving particular attention. This book is an article-by-article commentary which gives particular attention to the results of the OECD monitoring process as applied to state implementation. Companies in particular are at ever greater risk of legal and 'reputational' damage resulting from failure to comply with the anti-corruption standards set inter alia, by the OECD Convention. This book provides them with comprehensive guidance on the OECD standards. The commentary also constitutes a significant work of comparative criminal law. It is written and edited by persons who include experts involved in development of the Convention standards as well as academics and legal practitioners.

Cambridge, UK: Cambridge University Press, 2007. 654p.

The Language of Bribery Cases

By Roger W. Shuy

In The Language of Bribery Cases, Roger W. Shuy analyzes the role that language plays in bribery cases. He describes twelve court cases for which he served as an expert witness or consultant and explains the issues at stake in each of these cases, for both lawyers and linguists. The cases described include the bribery or alleged bribery of United States senators, congressmen, judges, businessmen, and brothel owners. Shuy describes the often-unused linguistic analytical tools that are available to both the prosecution and defense as they argue these cases. He illustrates how grammatical referencing, speech acts, discourse structure, framing, conveyed meaning, and intentionality can be useful, describing how these tools affected the outcomes of the particular cases discussed in this book. The cases, fascinating in their own right, offer valuable insights not only to linguists, but also to lawyers who argue bribery cases, many of whom may not be aware of the linguistic tools available to them.

Oxford, UK: Oxford University Press, 2013. 288p.

OECD Foreign Bribery Report : An Analysis of the Crime of Bribery of Foreign Public Officials

By OECD

Bribes are being paid across sectors to officials from countries at all stages of economic development. Corporate leadership is involved, or at least aware, of the practice of foreign bribery in most cases, rebutting perceptions of bribery as the act of rogue employees. Intermediaries, both agents and corporate vehicles, are used in most corrupt transactions while the majority of bribes are paid to obtain public procurement contracts. Corruption, and the perception of corruption, erodes trust in governments, businesses and markets. In the aftermath of the greatest financial crisis of our time, we need to rebuild that trust more than ever before. Corruption also undermines growth and development. On the one hand, businesses forego innovation and competitiveness for bribery. On the other hand, individuals within governments divert funds for their own personal use that should be used to promote the well-being of people. By ending impunity and holding corrupt people to account, we can begin to restore faith in institutions and industries. The OECD has an arsenal of legal instruments and recommendations for fighting corruption in its many forms, including through criminalising bribery in international business, promoting responsible business conduct, protecting whistleblowers and insisting on integrity and transparency in public procurement processes. This report endeavours to measure, and to describe, transnational corruption based on data from the 427 foreign bribery cases that have been concluded since the entry into force of the OECD Anti-Bribery Convention in 1999,

OECD, 2014. 51p.

Bribery and Extortion: Undermining Business, Governments, and Security

By Alexandra Addison Wrage

Bribery plays a significant role in international criminal activity. Terrorists pay bribes. Money-launderers pay bribes. Those who traffic in people, narcotics, and illegal arms pay bribes. People pay immigration officers not to ask, customs officials not to inspect, and police officers not to investigate. Bribes follow patterns that are not at all mysterious to the officials, salesmen, and citizens who seek them and pay them. Using a series of international cases, Wrage examines bribery, peeling back the mystique and ambiguity and exposing the very simple transactions that lie beneath. She shows how these seemingly everyday transactions can affect security, democratization, and human aid. Examples from around the world help to illustrate the nature of the problem and efforts at combating it.Bribery plays a significant role in international criminal activity. Terrorists pay bribes. Money-launderers pay bribes. Those who traffic in people, narcotics, and illegal arms pay bribes. People pay immigration officers not to ask, customs officials not to inspect, and police officers not to investigate. At corporate headquarters in the United States, it can be easy to dismiss modest bribes in distant countries as an unfortunate cost of doing business. Bribes follow patterns that are not at all mysterious to the officials, salesmen, and citizens who seek them and pay them. Using a series of international cases, Wrage examines bribery, peeling back the mystique and ambiguity and exposing the very simple transactions that lie beneath. She shows how these seemingly everyday transactions can affect security, democratization, and human aid around the globe.Bribery and Extortion presents a clear picture of the world of bribery and the havoc it can wreak on whole populations. Wrage covers commercial bribery, administrative and service-based bribery, and extortion. She considers bribery and extortion at both high levels of government and lower levels on the street. Examples from around the world help to illustrate the nature of the problem and efforts at combating it. The book concludes with practical suggestions and an assessment of current efforts to stem the tide of bribery and restore transparency to everyday transactions in all realms.

Westport, CT: Praeger Security International, 2007. 177p.

The Laundering Machine: How Fraud and Corruption in Peru's Concession System are Destroying the Future of its Forests

By The Environmental Investigation Agency (EIA)

In this report, EIA documents for the first time the systematic export and import of illegal wood from Peru to the United States. In many ways, this report not a new story: the system’s corruption is something of which everyone in the sector is aware. EIA’s contribution lies in having identified and patiently put together the pieces of the puzzle to reveal the mechanism that allows this trade to happen: what Peruvians call the “laundering machine”.

EIA’s investigative work focused on reconstructing the routes that timber takes from the Amazon to the warehouses of US importers, through use of official information obtained under Peru’s Transparency and Access to Public Information Law. The links in this chain are willfully obscured to perpetuate confusion about the origins of almost all timber traded in Peru. EIA was able to reconstruct the chain of custody for trade in cedar (Cedrela odorata) and bigleaf mahogany (Swietenia macrophylla) only because both species are protected under the Convention on International Trade in Endangered Species of Flora and Fauna (CITES) and thus require specific export permit documents. The same illegal modus operandi is being applied for other species, but the even more limited information available regarding non-CITES species trade makes it virtually impossible to connect the concession of origin with the shipments being exported.

Washington, DC; London:: EIA, 2012. 72p.