International Compliance: The Limitations to Legislation

Abstract

Bribery and corruption have existed in one form or another for many hundreds of years and legislation to counter these acts was, and is, still extremely limited. The sector that first received state attention, however, was the problem of corrupt and ‘fixed’ elections in the British (London) Parliament. To ensure ‘fair and honest’ elections, a law was passed in 1695, making it illegal to offer or to accept bribes for election to the then London Parliament. Three important features of this law still resonate with succeeding attempts to counter corruption: (1) the wide definition used, which listed a covering, giving or promising of ‘any money, meat, drink, present, reward or entertainment’. Contemporary national and international laws have kept to such a wide definition; (2) the sanction available; preventing the convicted from specific acts (refusing permission to sit in the London Parliament) and thus regulation rather than law enforcement, which is a constant feature of successive anti-corruption laws and (3) few resources available to deal with corruption, this is also a constant feature of contemporary enforcement.