Regulating transnational corporate bribery: Anti-bribery and corruption in the UK and Germany

Recent large-scale cases involving multi-national corporations such as the BAE Systems and Siemens bribery scandals illustrate the difficulties faced by the UK and German sovereign states in controlling complex trans-national and multi-jurisdictional crimes. This article analyses the mixture of enforcement, self-regulatory and hybrid mechanisms that are emerging as part of UK and German responses to controlling transnational corporate bribery. This regulatory landscape incorporates a diverse array of direct and indirect state and non-state ‘regulatory’ actors of varying levels of formality. Mechanisms of a self-regulatory nature vary in terms of their mandatory/voluntary requirements and manufactured/organic formation. However, there is an assumption that the emergence of a variety of enforcement, self-regulatory and innovative hybrid mechanisms is sufficient but in reality this is not the case. Instead, the key argument of the article is that while these mechanisms are aiding the response, they are likely to fail leading to the default position of accommodation by state agencies, even where the will to enforce the law is high.     

A New Ethical World of British MPs?

Following a series of financial scandals in the early 1990s, the House of Commons implemented new ethics rules and regulatory procedures, including a Code of Conduct, a ban on paid advocacy, a Parliamentary Commissioner for Standards and a Select Committee on Standards and Privileges. In the absence of hard data about parliamentary integrity and the prevalence or otherwise of unethical parliamentary conduct, this paper explores the possible effects of the new rules and procedures on MPs' attitudes by comparing data from the 2005 British Representation Study with research conducted in the late 1980s. The evidence suggests that there has been some attitudinal change at the aggregate level, although it remains unclear how much of this change can be attributed directly to the Nolan reforms.     

Book Reviews

Taylor C. Boas, Presidential Campaigns in Latin America: Electoral Strategies and Success Contagion. New York: Cambridge University Press, 2016. Figures, tables, appendixes, bibliography, index, 276 pp.; hardcover $99.99, ebook. John Gledhill, The New War on the Poor: The Production of Insecurity in Latin America. London: Zed Books, 2015. Map, bibliography, index, 256 pp.; paperback $29.95, ebook $23.96. Ezequiel A. González‐Ocantos, Shifting Legal Visions: Judicial Change and Human Rights Trials in Latin America. Cambridge: Cambridge University Press, 2016. Figures, tables, bibliography, index, 342 pp.; hardcover $110, paperback $35.99, ebook $88. Merrilee S. Grindle and Erin E. Goodman, eds., Reflections on Memory and Democracy. Cambridge: Harvard University Press, 2016. Photograph, 274 pp.; paperback $24.95. David Pion‐Berlin, Military Missions in Democratic Latin America. New York: Palgrave Macmillan, 2016. Figures, tables, bibliography, index, 231 pp.; hardcover $105, ebook $79.99. Robert Gay, Bruno: Conversations with a Brazilian Drug Dealer. Durham: Duke University Press, 2015. Illustrations, chronology, notes, bibliography, index, 232 pp.; hardcover $89.95, paperback $14.95. Georgina Waylen, ed., Gender, Institutions, and Change in Bachelet's Chile. New York: Palgrave Macmillan, 2016. Figure, tables, bibliographies, index, 259 pp.; hardcover $105, ebook $79.99. Dickie Davis, David Kilcullen, Greg Mills, and David Spencer, A Great Perhaps? Colombia: Conflict and Convergence. London: Hurst, 2015. Maps, figures, tables, notes, bibliography, index, 288 pp.; hardcover $39.40. Mary Helen Spooner and Steven Ullmann, Cuban Health Care: Utopian Dreams, Fragile Future. Lanham: Lexington Books, 2014. Appendixes, figures, tables, bibliography, index, 152 pp.; hardcover $83, ebook $78.50. John M. Kirk, Healthcare Without Borders: Understanding Cuban Medical Internationalism. Gainesville: University Press of Florida, 2015. Tables, bibliography, index, 376 pp.; hardcover $79.95. Christine J. Wade, Captured Peace: Elites and Peacebuilding in El Salvador. Athens: Ohio University Press, 2016. Illustrations, abbreviations, bibliography, index, 304 pp.; hardcover $69.95, paperback $39.95, ebook.     

Nuclear Dominoes: A Self-Defeating Prophecy?

Is the nuclear domino theory historically valid? Despite its longstanding centrality to thinking on nuclear proliferation amongst scholars and policymakers, in recent years a revisionist consensus has emerged in opposition to this traditional view. Based on an analysis of historical evidence from the aftermath of the 1964 Chinese nuclear test, this article argues that scholars have gone too far in rejecting the nuclear domino theory. Reactive proliferation has been more prevalent than commonly believed, and while it is true that only India acquired a nuclear arsenal in response to the Chinese test, to a significant extent this is precisely because the United States was aware of the danger of reactive proliferation and worked to stop it. Finally, the historical evidence suggests that the nuclear domino theory is compatible with both domestic and prestige motivations for proliferation in addition to the security motives normally associated with the theory.     

A false start in the race against doping in sport: concerns with cycling's biological passport

Professional cycling has suffered from a number of doping scandals. The sport's governing bodies have responded by implementing an aggressive new antidoping program known as the biological passport. Cycling's biological passport marks a departure from traditional antidoping efforts, which have focused on directly detecting prohibited substances in a cyclist's system. Instead, the biological passport tracks biological variables in a cyclist's blood and urine over time, monitoring for fluctuations that are thought to indirectly reveal the effects of doping. Although this method of indirect detection is promising, it also raises serious legal and scientific concerns. Since its introduction, the cycling community has debated the reliability of indirect biological-passport evidence and the clarity, consistency, and transparency of its use in proving doping violations. Such uncertainty undermines the legitimacy of finding cyclists guilty of doping based on this indirect evidence alone. Antidoping authorities should address these important concerns before continuing to pursue doping sanctions against cyclists solely on the basis of their biological passports.     

Reconstructing ‘conflict of interest’ in financial markets: Private management, public challenges, future prospects

Following widespread criticism of financial market (self-)regulation, there is a shift in regulatory mood, explored here with reference to evolving conceptions of conflict of interest. The pre-crisis distinction between conflict of interest (normal, manageable) and its exploitation (unacceptable, legally actionable) has become somewhat eroded, as exemplified by the SEC’s 2010 civil fraud action against investment bank Goldman Sachs. However the settlement of that case on the basis of ‘mistake’ left many questions unanswered: about the meaning(s) of conflict of interest, about managerial mistake versus exploitative intent in administrative/civil cases and equally about the potential for action under criminal law. Looking forward, a judgement of the European Court of Justice on insider trading – concerning a rebuttable assumption of intent – could be taken as a template for ‘drawing the line’ on conflict of interest. Acting on the basis of informational asymmetry could be taken as an indicator of intent and serious wrongdoing unless financial market actors can demonstrate otherwise.