Abstract
Corruption is a serious economic, social, political, and moral blight, especially in many emerging countries. It is a problem that affects companies in particular, especially in international commerce, finance, and technology transfer. And it is becoming an international phenomenon in scope, substance, and consequences. That is why, in recent years, there has been a proliferation of international efforts to tackle the problem of corruption. One such international cooperative initiative is the United Nations Convention against Corruption, signed in 2003, which came into force in December 2005. This is the first truly global instrument to prevent and combat corruption, built on a broad international consensus. The purpose of this article is to explain the origin and content of the Convention, what it adds to existing international instruments for combating corruption, and its strengths and weaknesses, mainly from the point of view of companies.
Similar content being viewed by others
References
Argandoña, A.: 2000, ‹Sobre la corrupción’, Estudios de Comunicación y Derecho. Homenaje al profesor Manuel Fernández Areal (Editorial Compostela, Santiago), pp.␣53–71
Argandoña, A.: 2001, Corruption: The Corporate Perspective, Business Ethics. A European Review, 10(2), 163–175
Argandoña A.: 2003a, Political Party Funding and Business Corruption, in J. Wieland (ed.), Standards and Audits for Ethics Management Systems. The European Perspective (Springer, Berlin), 163–190
Argandoña, A.: 2003b, ‹Private-to-Private Corruption’, Journal of Business Ethics, 47(3), part II, 253–267
Asian Development Bank: 2001, ‹Anti-Corruption Action Plan for Asia and the Pacific’, Tokyo
Asian Development Bank: 2004, ‹Technical Assistance for␣the Implementation of the ADB-OECD Anti- Corruption Initiative for Asia and the Pacific’, Asian Development Bank, TAR:OTH 37476, November
Babu, R. R.: 2006, The United Nations Convention against Corruption: A Critical Overview, Asian African Legal Consultative Organization, New Delhi
Carlson, J.: 2000, ‹Money Laundering and Corruption: Two Sides of the Same Coin’, No Longer Business as Usual (Organization for Economic Cooperation and Development, Paris), pp. 127–136
Corr, C., J. Lawler.: 1999, Damned if You Do, Damned if You Don’t? The OECD Convention and the Globalization of Anti-Bribery Measures, Vanderbilt Journal of Transnational Law 32, 1249–1344
Elliott, K. (ed.): 1997, Corruption and the Global Economy (Institute for International Economics, Washington, DC)
George, B. C., K. A. Lacey, J. Birmele.: 2000, The 1998 OECD Convention: An Impetus for Worldwide Changes in Attitudes Toward Corruption in Business Transactions, American Business Law Journal 37(3), 485–525
Glynn P., S. Kobrin, M. Naim: 1997, The Globalization of Corruption, in K. Elliott (ed.), Corruption and the Global Economy (Institute for International Economics, Washington, DC), 7–30
Heimann, F.: 2005a, ‹Follow-Up Monitoring Needed for the UN Convention against Corruption’, Compact Quarterly, 22 January
Heimann, F.: 2005b, ‹Making the United Nations Convention against Corruption Work’, Business Against Corruption. Case Stories and Examples. Implementation of the 10th United Nations Global Compact Principle Against Corruption (Global Compact, New York, NY), pp. 17–25
ICC: 2005, ‹ICC Views on the UN Convention Against Corruption’, 194/44, 12 May
Jain, A. (ed.): 1998, Economics of Corruption (Kluwer Academic Publishers, Boston)
Low, L. A., A. K. Bjorklund and K. C. Atkinson: 1998, ‹The Inter-American Convention Against Corruption: a Comparison with the United States Foreign Corrupt Practices Act’, Vanderbilt Journal of International Law 38
Michael, B.: 2004, ‹What does the UN Convention on Corruption Teach us About International Regulatory Harmonization?’, Linacre College
OECD: 2006, ‹Mid-Term Study of Phase 2 Reports. Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions’, Paris: OECD, Working Group on Bribery in International Business Transactions, 22 May
Pacini, C., J. A. Swingen and H. Rogers: 2002, ‹The Role of the OECD and EU Conventions in Combating Bribery of Foreign Public Officials’, Journal of Business Ethics 37(4), part 1, pp. 385–405
Posada, A.: 2000, Combating Corruption under International Law Duke Journal of Comparative and International Law 10(2), 345–414
Quinones, E.: 2000, ‹The Promise and the Reality of Monitoring Compliance with the Convention’, No Longer Business As Usual (Organization for Economic Cooperation and Development, Paris), pp. 101–109
Rose-Ackerman S.: 1997, Corruption as an International Policy Problem: Overview and Recommendations, in K. Elliott (ed.), Corruption and the Global Economy (Institute for International Economics, Washington, DC), 175–233
Rose-Ackerman S.: 1999, Corruption and Government: Causes, Consequences, and Reform (Cambridge University Press: Cambridge)
United Nations: 2001a, ‹Existing International Legal Instruments, Recommendations and Other Documents Addressing Corruption. Report of the Secretary General’, Economic and Social Council of the United Nations, E/CN.15/2001/3, 2 April
United Nations: 2001b, ‹Peru’s Proposal to the Preparatory Meeting of the Ad Hoc Committee for the Negotiation of a Convention Against Corruption’, A/AC.261/IPM/11, 12 November, no. 6, 2 and 3
United Nations: 2001c, ‹Argentina’s Proposal to the Preparatory Meeting of the Ad Hoc Committee for the Negotiation of a Convention Against Corruption’, A/AC.261/IPM/6, 12 November
United Nations: 2001d, ‹Philippines’ Proposal to the Preparatory Meeting of the Ad Hoc Committee for the Negotiation of a Convention Against Corruption’, A/AC.261/IPM/24, 7 December, no. 4
United Nations: 2001e, ‹Canada’s Proposal to the Informal Preparatory Meeting of the Ad Hoc Committee for the Negotiation of a Convention against Corruption’, A/AC.261/IPM/27, 7 December
United Nations: 2003a, Resolution 58/4 of 31 October
United Nations: 2003b, ‹Report of the Ad Hoc Committee for the Negotiation of a Convention Against Corruption on the Work of its First to Seventh Sessions’, United Nations, General Assembly, A/58/422, 7 October
Vincke, F. and F. Heimann (eds.): 2003, Fighting Corruption. A Corporate Practices Manual, 2nd edition (International Chamber of Commerce, Paris)
Vlassis, D.: 2002, ‹The Negotiation of the Draft United Nations Convention Against Corruption’, Forum on Crime and Society 2(1)
Vlassis, D.: 2005, ‹Why the UN Convention Against Corruption Matters to business’, Compact Quarterly, 10 January
Webb, P.: 2005, The United Nations Convention Against Corruption: Global Achievement or Missed Opportunity?, Journal of International Economic Law 8(1), 191–229
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Argandoña, A. The United Nations Convention Against Corruption and its Impact on International Companies. J Bus Ethics 74, 481–496 (2007). https://doi.org/10.1007/s10551-007-9524-z
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10551-007-9524-z