Regulating Transnational Bribery in Times of Globalization and Fragmentation

Abstract

Bribery, a transaction in which an official misuses public office in return for personal gain, is prohibited by the laws of every nation in the world and is condemned by each of the world's major religions and schools of thought. This Article participates in a debate concerning the viability of legal prohibitions on transnational bribery, the bribery of foreign officials. This debate is not about the narrow technicalities of the United States's Foreign Corrupt Practices Act; indeed, a superior home country statute would criminalize only that conduct which is criminal in the host country. Rather, this debate concerns the desirability of the idea of prohibition of transnational bribery under current global conditions. The world is currently undergoing a period of economic globalization and political fragmentation. Globalization and fragmentation result in the creation of transnational economic communities that are not supported by transnational law. Transnational bribery affects these communities, yet transnational regulation can only be accomplished through national laws. Given the serious harms attendant to transnational bribery, the limitations of host country regulation and voluntary codes, and the effectiveness of home country regulation, this Article concludes that home country prohibition of transnational bribery is morally an4 pragmatically desirable under current global conditions.