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, grounded in economic analysis, this detailed book will appeal to scholars and researchers in crime and corruption, international public organizations and anti-corruption agencies.
Contents: Foreword Preface Introduction Part I: Economics, Finance, and Governance Emergent Properties and Complex Financial Markets 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 Trans-national Corruption Affects the Economic and Institutional Textures of States 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
