International Anticorruption Law, Revisited

• 成果类型: Article
• 署名作者: Bello y Villarino, Jose-Miguel
• 署名单位: University of Sydney
• 刊物名称: HARVARD INTERNATIONAL LAW JOURNAL
• ISSN/ISSBN: 0017-8063
• 发表日期: 2023
• 关键词: UNITED-NATIONS CONVENTION; CORRUPT PRACTICES ACT; HUMAN-RIGHTS; TRANSPARENCY; VIOLATION; SANCTIONS; INITIATIVES; TERRORISM; COMMITTEE; AFRICA

摘要

A first step in sensibly discussing the challenges of preventing and combating corruption at the international level is to comprehend the existing anticorruption regulatory framework and, particularly, its limitations. This Article offers an overview of more than twenty-five years of international anticorruption instruments, providing a novel understanding of the dynamics behind them. It suggests that this quarter of a century can be better interpreted if we divide it into four different periods with four different underlying logics: the (i) transborder, (ii) international, (iii) transnational, and (iv) disruptive periods. Part I of this Article is devoted to explaining this evolution. Part II explores the limitations of the main anticorruption instruments created during the transborder and international periods (1996-2006)-called here conventional anticorruption law-to provide an effective international response to corruption. This Article calls for a fifth period of conventional disruption, in other words, a new approach to anticorruption formalized in binding treaties. This call is an invitation to the supporters of the conventional instruments to (i) reflect on why the disruptive proposals are being tabled and (ii) push themselves outside of the conventional cocoon to explore the insights offered by the transnational instruments to advance the international fight against corruption. This Article suggests that the most feasible way to do this would be to incorporate real anticorruption obligations in trade law treaties, which is just a minor expansion from best existing practices.