Corruption and Conflicts of Interest: A Comparative Law Approach (Studies in Comparative Law and Legal Culture series)

As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative and judicial responses to these issues. The papers gathered in this volume demonstrate how global regulations tend to meet strong cultural resistance, in particular when dealing with the more subtle patterns of conflicts of interest. It is a notion that is far from successfully regulated in every country or addressed in compatible ways. In fact, the comparisons offered demonstrate that even international organizations such as the European Union have failed to fully consolidate their systems for mitigating their own risks of corruption and conflicts of interest. Providing a comprehensive study of the phenomenon of corruption and conflicts of interest from a comparative perspective, this book will prove vital for academics, NGOs and practitioners.--Résumé de l'éditeur Contents 6 List of contributors 8 Introduction • Jean-BernardAuby, Emmanuel Breen and Thomas Perroud 15 Part I: Conflicts of interest and corruption: A fine line? 28 1. Corruption and conflicts of interest • Susan Rose-Ackerman 30 Part II: Comparative studies on corruption and conflicts of interest from a procedural perspective 40 2. Regulatory authorities and conflicts of interest • Hubert Delzangles 42 3. The conflicts of interests of public officers: Rules, checks and penalties • Bernardo Giorgio Mattarella 57 4. Protecting the integrity of the U.S. federal procurement system: Conflict of interest rules and aspects of the system that help reduce corruption • Daniel I. Gordon 66 5. Corruption and conflicts of interest: Future prospects on lobbying • Grégory Houillon 80 6. Condemning corruption and tolerating conflicts of interest: French ‘arrangements’ regarding breaches of integrity • Pierre Lascoumes 94 7. Integrity in English and French public contracts: Changing administrative cultures? • Yseult Marique 112 8. Policy considerations when drafting conflict of interest legislation • Richard E. Messick 140 9. Conflict of interests of government members and the risk of corruption: An assessment of pre-revolutionary Tunisia and Egypt • Carolyn Moser 51 10. Is (French) continental law efficient at fighting conflicts of interests? • Timothée Paris 166 11. Corruption and conflicts of interests in the United Kingdom • Cecily Rose 177 12. The legal regulations for the prevention of corruption of civil servants in Turkey and the Council of Ethics for Public Service • Çagla Tansug 194 Part III: International organizations and the fight against corruption and conflicts of interest 208 13. Corruption, conflicts of interests and the WTO • Susan Ariel Aaronson and M. Rodwan Abouharb 210 14. ‘Global integrity’: National administrations versus global regimes • Elisa D’Alterio 225 15. How Multilateral Development Banks invest corruption in their funded projects • Mariangela Benedetti 242 16. Introduction to the World Bank’s policies in the fight against corruption and conflicts of interests in public contracts • Laurence Folliot-Lalliot 263 Par IV: European administrative law and the fight against corruption and conflicts of interest 278 17. Mismanagement by European Agencies: Concerns, institutional responses, and lessons • Edoardo Chiti 280 18. Footprints in the sand: Regulating conflict of interest at EU level • Simone White 299 19. OLAF: The anti-corruption policy within the European Union • Patrycja Szarek-Mason 315 Index 330 As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative and judicial responses to these issues. The papers gathered in this volume demonstrate how global regulations tend to meet strong cultural resistance, in particular when dealing with the more subtle patterns of conflicts of interest. It is a notion that is far from successfully regulated in every country or addressed in compatible ways. In fact, the comparisons offered demonstrate that even international organizations such as the European Union have failed to fully consolidate their systems for mitigating their own risks of corruption and conflicts of interest. Providing a comprehensive study of the phenomenon of corruption and conflicts of interest from a comparative perspective, this book will prove vital for academics, NGOs and practitioners.--Résumé de l'éditeur