Melbourne Journal of International Law vol:14 issue:1 pages:205-280
The article provides a tour d'horizon of the current international legal framework against corruption, which has made substantial progress over the last two decades. Nevertheless, both the legal framework and its implementation continue to face challenges, some of which must be addressed to ensure tangible improvements in the struggle against corruption. Part II of the article sketches the genealogy of the international legal framework regarding corruption, which was strengthened by the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, adopted after United States pressure that followed the passing of the US Foreign Corrupt Practices Act. Part III outlines the achievements of the main international anti-corruption instruments, complementing the discussion by highlighting their main deficiencies. Special attention is paid to the United Nations and Organisation for Economic Co-Operation and Development instruments, as well as to the Council of Europe's monitoring mechanism, the Group of States against Corruption. Asia remains remarkably absent from the discussion, as the last continent without a regional anti-corruption convention. Anti-corruption initiatives within the international financial institutions and the most important private initiatives are also discussed. Part IV of the article identifies thematic challenges to the current global anti-corruption framework: definitional problems and cultural gift-giving practices; jurisdictional challenges regarding foreign corruption practices; asset recovery; the link between corruption and good governance and that between corruption and human rights; and private sphere corruption.