Везде
Anti-Corruption as an Issue of National, International or “Supranational” Legal Regulation
Table of contents
Abstract Estimate Publication content
References Comments
Share
QR
Metrics
Anti-Corruption as an Issue of National, International or “Supranational” Legal Regulation
Abstract
PII
S1991-32220000622-3-1
DOI
10.61205/jzsp.2023.080
Publication type
Article
Status
Published
Authors
Natalia Doronina 
ORCID: 0000-0002-5962-7276
Occupation: Chief Researcher, Center of Private Law
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Natalia Semilutina
Occupation: Chief Researcher, Center of International Law and Comparative Law Studies, ILCL; Professor, MGIMO University
Affiliation:
Institute of Legislation and Comparative Law under the Government of the Russian Federation
Moscow State Institute of International Relations (University), Ministry of Foreign Affairs of the Russian Federation
Address: Moscow, Russia
Edition
Volume 19 No. 6
Pages
50-57
Abstract

The article examines the problems of combating corruption and its regulation within the framework of national legislation on the example of the experience of regulation in the United States and Great Britain; analyzes the issues of corruption in the dispute resolution practice of the International Center for the Settlement of Investment Disputes (ICSID); the possibility of using private law institutions in order to eliminate corruption risks when concluding investment agreements is being considered.

Based on the results of the review of the practice of anti-corruption measures, the authors conclude that the desire of one of the states to subordinate anti-corruption to its jurisdiction creates unpredictability and, in fact, is destructive for the market and international cooperation, and a review of the practice of resolving investment disputes in ICSID shows that an objective and balanced investigation, as a rule, does not forms the evidence base of alleged corruption.

Keywords
anti-corruption, investment disputes, U. S. Foreign Corrupt Practices Act, International Center for the Settlement of Investment Disputes, anti-corruption compliance
Date of publication
11.12.2023
Number of purchasers
7
Views
68
Readers community rating
0.0 (0 votes)
Cite Download pdf
1

References



Additional sources and materials

1. Lamm C. B., Greenwald B. K., Risten M. From World Duty Free to Metal-Tech: A Review of International Investment Treaty Arbitration / Cases Involving Allegations of Corruption. ICSID Review, 2014, vol. 29, no. 2. 
2. Magnuson W. International Corporate Bribery and Unilateral Enforcement. Columbia Journal of Transnational Law, 2013, vol. 51, iss. 2. 
3. Rich B. R., Janos L. Skunk Works: A Personal Memoir of My Years at Lockheed. New York, 1994. 
4. Doronina N. G. Pravovoe regulirovanie inostrannykh investitsiy (postanovka problem i varianty resheniy). Dr. diss. thesis. Moscow, 1996. 
5. Doronina N. G., Semilyutina N. G. Pravovoe regulirovanie inostrannykh investitsiy v Rossii i za rubezhom. Moscow, 1993.

Comments

No posts found

Write a review
Translate