This chapter focuses on what has been done to combat corruption in the private sector starting in the United States with the Foreign Corrupt Practices Act (FCPA) in 1977: the first law that criminalized foreign bribery. The OECD Convention, which internationalized the FCPA, became effective in 1999; it prohibits foreign bribery of public officials by over forty countries. The UN Convention against Corruption (UNCAC) became effective in 2005; it deals with domestic as well as foreign bribery, bribery of public officials as well as bribery in the private sector. Corporate responses have also evolved with anticorruption compliance programs applied by US companies now for more than three decades. This chapter covers common problem areas such as gifts, entertainment, and travel expenses; lobbyists and sales representatives; political contributions; facilitation payments; foreign subsidies and joint ventures. This chapter also covers the psychology of corrupt conduct and factors to change the corporate culture.
The chapter explores the changing landscape of freedom of religion or belief since the 1981 Declaration and the emergence of corporate religious rights, especially in the aftermath of the Hobby Lobby case. The chapter explores the evolution of this approach and trace it through the jurisprudence of the ECHR and other developments which mark a departure from the default position that freedom of religion or belief is a right which benefits individuals but not religious organizations. The chapter also charts the consequences of this approach for the broader protection of freedom of religion or belief and for the strengthening of the notion of religious autonomy under international law.
The Introduction explains that corruption and money laundering can be politically destabilizing and can also retard economic growth. These are not, however, the predominant reasons why States have concluded international instruments that address such conduct. The interests of domestic business lobbies have, for example, played an important role. The Introduction provides definitions of key terms, namely corruption, bribery, embezzlement, trading in influence, abuse of functions, and illicit enrichment. Finally, the Introduction explains the structure and focus of this book, which looks specifically at the anti-corruption instruments produced by four organizations: the Organisation for Economic Cooperation and Development, the United Nations, the Extractive Industries Transparency Initiative, and the Financial Action Task Force.