What are the challenges to the prevention of transnational bribery by multinational corporations in international business transactions? This book examines two particular constraints operating on the regulation of transnational corruption in general and bribery in particular. Firstly, it explores the limits of international cooperation in the regulation of transnational corruption and highlights the disparities between the capacities of individual states to pursue adequate regulation. It also considers the role and progress of international bodies such as the OEDC and the response of selected domestic legal systems in tackling the problem. Secondly, the book examines the liability regime for corporations and again, highlights an unexpected shortcoming of multilateral policy in the administration and enforcement of international agreements. The book will be of value both to students and researchers with an interest in the regulation of transnational corruption as well as policy-makers and practitioners working in this area.
Simeon Obidairo is the Director of Risk Management and Compliance at Aluko and Oyebode, the largest corporate and commercial law practice in Nigeria. He has previously worked at the World Health Organization in Geneva, the World Bank in Washington, and the African Development Bank in Tunis developing anti-corruption policies and investigating allegations of fraud in Bank funded projects. He also served as a Senior Counsel with the Independent Inquiry Committee investigating allegations of fraud and corruption in the United Nations Oil for Food Programme. In Africa, prior to working with Deloitte in South Africa as a Manager in the Forensics and Dispute Services Practice, he served as Special Assistant (Counsel) to the Honorable Minister of Finance Nigeria, Dr Ngozi Okonjo-Iweala and participated in ground breaking work with respect to anti-corruption in Nigeria. More recently, he has worked on investigating and prosecuting 260 cases of capital market fraud in Nigeria occasioned by the recent banking crisis. The author is a former post-graduate student of SOAS, University of London, and New York University School of Law.
Contents: Foreword; Introduction; Corruption; the general debate; Regulating bribery; Multilateral regulation of transnational bribery; Selected challenges in the regulation of transnational bribery: a case study of the OFFP; Limits of national regulation: liability regime for corporations; Liability for bribery within the agency framework of the contracts theory; Conclusion; Bibliography; Index.