Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-45l2p Total loading time: 0 Render date: 2024-04-25T09:51:32.564Z Has data issue: false hasContentIssue false

7 - Deterring bribery: law, regulation and the export trade

from Part II - Bribery without borders: tackling corruption in the EU and beyond

Published online by Cambridge University Press:  05 May 2013

Jeremy Horder
Affiliation:
King's College London
Peter Alldridge
Affiliation:
Queen Mary University of London
Get access

Summary

“We’ve got to have rules and obey them. After all, we’re not savages. We’re English, and the English are best at everything.”

(William Golding, Lord of the Flies, ch. 2)

The Bribery Act 2010 (‘the 2010 Act’) deserves critical attention by virtue of at least three of its key features. There is the wide-reaching new offence of failing to prevent bribery (section 7(1)), the collapsing of the distinction between public and private sector bribery (sections 1–5), and the wide extraterritorial application of the law (section 12). These features will form part of the background to the discussion here. My concern will be the impact these changes will have on UK businesses that trade – often through subsidiary companies or agents – overseas. My specific focus will be the impact of the new law on the arms trade, where more research and data are available to assist the analysis, and respecting which the greatest controversy concerning overseas trade has arisen. In exploring this concern, I will consider whether the 2010 Act, which seeks to punish and deter bribery (and the failure to prevent it) through the ordinary criminal law, needs further buttressing in the form of regulatory intervention to reduce the risks that bribery (or the failure to prevent it) will be committed. I suggest that we have much to learn from the dominance of regulatory law in the governance of export control. The ‘prophylactic’ character of regulatory legal intervention in that field provides an important example of what could, and should, be done to further the goal of bribery prevention, especially in relation to export trade itself. The absence of such a regulatory infrastructure symbolises a broader failing. The 2010 Act, whatever its legal merits, has not been adequately supported by an unequivocal policy commitment to harness the energies of UK officials at all levels, at home and abroad, in the service of anti-corruption when facilitating the advancement of commerce.

Type
Chapter
Information
Modern Bribery Law
Comparative Perspectives
, pp. 196 - 216
Publisher: Cambridge University Press
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×