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Corruption

Economic Analysis and International Law The late Marco Arnone, former Director, Centre for Macroeconomics and Finance Research, Italy and Leonardo S. Borlini, Bocconi University, Italy
Corruption presents many legal and regulatory challenges, but these challenges cannot be met by the law in isolation. This book presents economic analysis of crime as an essential tool for shaping an effective legal apparatus.

The authors contend that in order to assess whether and how to regulate corruption, it is necessary to start with a thorough inquiry into the causes, institutional and social effects, and most of all, actual and potential economic and financial consequences of crimes. This, they argue, should inform and help shape a balanced legal and regulatory approach to corruption.
Extent: 672 pp
Hardback Price: $199.95 Web: $179.96
Publication Date: 2014
ISBN: 978 1 84980 266 6
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  • Economics and Finance
  • Economic Crime and Corruption
  • Law - Academic
  • Comparative Law
  • Corruption and Economic Crime
  • International Economic Law, Trade Law
Corruption presents many legal and regulatory challenges, but these challenges cannot be met by the law in isolation. This book presents economic analysis of crime as an essential tool for shaping an effective legal apparatus.

The authors contend that in order to assess whether and how to regulate corruption, it is necessary to start with a thorough inquiry into the causes, institutional and social effects, and most of all, actual and potential economic and financial consequences of crimes. This, they argue, should inform and help shape a balanced legal and regulatory approach to corruption.

Economic analysis is also the key to measuring the efficacy of current anti-corruption instruments, and in the light of this the book finds many existing legal counter-measures lacking. On the other hand, its assessment of new international instruments and their domestic implementation and enforcement, and the monitoring mechanisms embedded by certain international organizations, demonstrates a clear relationship between realistic economic analysis and effective solutions to the economic and legal problems posed by corruption.

Offering a comprehensive legal study of corruption and grounded in economic analysis, this detailed book will appeal to scholars and researchers in crime and corruption, international public organizations and anti-corruption agencies.
‘The volume offers a fascinating interdisciplinary analysis that examines the economics of corruption and assesses the strengths and weaknesses of the international regulatory framework. It mainly focuses on one particular aspect of corruption, the dynamics of bribery between the private and public sector, but it also deals with the private-to-private (commercial) corruption. . . . this book will be valuable for economists, lawyers, and policymakers since it allows them to grasp the nature of corruption as well as the strengths of the available international legal instruments and the gaps that should be addressed to improve those instruments to make them more effective.’
– Journal o​f​ International Economic Law

‘Overall, this book constitutes a fundamental research tool for all lawyers or political scientists interested in exploring the roots of corruption and in understanding the deep institutional and regulatory problems faced by policymakers in eliminating it. I am glad to have read it.’
– Dr Federico Lupo-Pasini, Global Trade and Customs Journal

‘This book positively stands out from the mass of literature on corruption because of its in-depth treatment of themes which are relevant for business. It contains very detailed analysis and it is soundly rooted in extensive scientific research. The bibliography alone is 64 pages. Even those who have been researching corruption for many years will find in this book new ideas and new approaches.’
– Olaf Meyer, Crime Law and Social Change

‘Although corruption has affected human society since its very birth with different intensity over time, it is not confined to any particular geographic region, country, social or political system or culture. Recently there has been widespread international determination to effectively curb such crime. Corruption: Economic Analysis and International Law by Marco Arnone and Leonardo Borlini reviews the richness and complexity of the ongoing research on corruption and shows the value of integrating a comprehensive economic understanding of its consequences and a critical assessment of the several legal instruments promoted by major intergovernmental organizations on this issue. This approach is particularly timely because, on the bright side, this book shows that economic crises may lead to greater social responsiveness in the face of attempts to drain public resources through corruption and bribery. The use of a wide range of economic models and the acute analysis of the contemporary evolution of traditional institutions belonging to the realm of international and European law represent two additional values of this work. Finally, the personal commitment of both authors to scientific research and professional activity related to public governance and anti-corruption reforms make this book a valuable source for further thought and analysis for scholars, public servants and practitioners.’
– Giorgio Sacerdoti, Professor of International and European Law, Bocconi University and former Chairman of the WTO Appellate Body and Vice President of the OECD Working Group on Corruption

'It is now rather common to speak of “transnational law” as an approach to legal research that transcends national frontiers and domestic regulatory policies. Such a model accepts that rules can be generated not just by governments or by international cooperation, but also by individuals, corporations and various other organizations. As clearly evidenced by this book, unfortunately, one of the most successful transnational systems is the one based on corruption. The authors however, never to be defeated, show through a rigorous legal and economic analysis how instead to develop policies and rules to fight what is sometimes perceived as an unavoidable phenomenon. In short, an invaluable addition to the study of this still largely unexplored area.'
– Andrea Biondi, Kings College London, UK

'In everyday understanding, corruption means degradation, decomposition, degeneracy, depravity. The concept is common to all cultures, and all dictionaries provide for very close descriptions. Corruption, in a specific connotation, is also defined by the statutory law of most - if not all - States as a criminal offense: it is an illicit trade of official functions, committed while betraying the very reason (”the duties”) of one's office. Corruption alters, dismantles and depraves the idea of a civil society, as it critically wounds the bond of trust that lays at its very basis, and, thus, the deepest foundation of all social relations. To marginalise corruption, and heal the damages it causes to society at large, it is necessary, first, to investigate what corruption is. By thoroughly analyzing the phenomenon per se, and offering a review of possible remedies against it, this book brilliantly and with exceptional efficacy, contributes to such an indispensable goal.'
– Gherardo Colombo, formerly Public Prosecutor, Milan Public Prosecutor's Office and Judge, Supreme Court of Italy

‘To effectively combat corruption globally, the collection and dissemination of knowledge is crucial. This excellent book takes us a step forward in our collective efforts to better understand the causes and effects of corruption from an international perspective. Through its detailed analysis of the economic impact of corruption in a diverse range of countries, this publication provides us with a new resource to draw on in our future efforts to reduce corruption together worldwide.’
– Dimitri Vlassis, United Nations Office on Drugs and Crime, Vienna, Austria

‘Arnone and Borlini clearly demonstrate why a multi-dimensional and multi-disciplinary approach towards corruption is so important.’
– Modern Law Review
Contents: Foreword Preface Introduction Part I: Economics, Finance, and Governance Section 1: Economics 1. Opening Remarks: Corruption and Economic Analysis 2. Firms, Markets, and Corruption 3. Corruption and Macroeconomic Performance Section 2: Finance 4. Financial Markets: Bonds, Stocks, and Politically-connected Firms 5. The Impact of Corruption in Shares’ Returns of Euro-area Listed Industrial Firms 6. Operational Efficiency, Corruption, and Political Stability in Microfinance Section 3: Governance 7. Governance, Corruption, and Effects on Institutions Part II: Birth and Evolution of an Anti-corruption Global Legal Standard Trans-national Corruption and Effective Regulation Section 4: Cases of Trans-national Corruption: Description and Legal Issues 8. How Corruption Affects the Economic and Institutional Textures of States: three case examples Section 5: Horizontal Assessment of the International Hard Law Instruments 9. The US FCPA as the Archetype of the Supra-national Anti-bribery Regulation 10. The Emergence of an International Framework: Regional, International, and Multilateral Treaties and Initiatives 11. Criminalization of the Offence 12. Sanctions and Corporate Liability 13. Jurisdictional Issues 14. Mutual Legal Assistance and Extradition 15. Preventive and Non-criminal Related Measures 16. Follow up Procedures as Specific Cases of International Supervision 17. Asset Recovery Afterword Bibliography Index