home about us contact us jobs at TI sitemap faq Chapter Zone search
news room global priorities regional pages policy and research tools publications support us
home > global priorities > international c... > readings_conventions
global priorities
  conventions  

Selected readings

The list of readings in this section is organised into the following sub-sections

The list contains a number of references that are over two years old, especially with reference to the OECD Convention. This is done either because the arguments or analysis they provide is still valid, or because they are interesting background documents, showing the evolution in the discussion about a given convention over time.

General, comparative analysis and peer review

BOOKS AND ARTICLES
United Nations Office on Drugs and Crime, Compendium of international legal instruments on corruption, (Second edition, New York 2005)
This book contains 21 major relevant international and regional treaties, agreements, resolutions and other instruments. These include both legally binding obligations and some soft-law instruments intended to serve as non-binding standards. The first section of the book contains a very useful summary of international legal instruments. Unfortunately, the ADB-OECD Action Plan for Asia and Pacific is omitted from this comprehensive and highly useful reference work.

Report of the United Nations Secretary-General, Existing international legal instruments, recommendations and other documents addressing corruption, (Report to the Commission on Crime Prevention and Criminal Justice, 10th session, Vienna, 8 – 17 May 2001, E/CN.15/2001/3)
In December 2000 the UN General Assembly requested the UN Secretary General to prepare a report analysing all relevant international instruments, other documents and recommendations addressing corruption and requested the UN Crime Commission to review this at its tenth session and provide guide as to future work on the development of a legal instrument against corruption.

Balmelli, Tiziano, Jagg Bernard (editors), Les traités internationaux contre la corruption : L'ONU, l'OCDE, le Conseil de l'Europe et la Suisse, Lausanne, Berne, Lugano, Edis, 2004
The book contains articles about the UN Convention against corruption, the OECD Convention and the Council of Europe anti-corruption treaties. It analyses progress made and future challenges.

Carver, Jeremy Combating corruption: the emergence of new international law, 5 Int'l Law Forum #2, May 2003, p119
The paper states that in the field of corruption there has been progressive development at the national level until the OECD Anti-Bribery Convention was signed in 1997. The success of the OECD Convention and the awareness-raising by Transparency International spurred the completion of other international anti-corruption measures.

Gangloff, Joseph, Practical Aspects of Peer Review, May 2003
This paper presented at the 11th International Anti-Corruption Conference deals with the challenge of designing a follow-up mechanism for the UN Convention Against Corruption. It looks at the fundamental objectives of the follow-up mechanism, its key characteristics, practical considerations that need to be taken into account and lessons learned from Council of Europe and OAS monitoring.

Pagani, Fabrizio Peer review: a tool for co-operation and change, OECD 11 September 2005
This paper examines the practice of peer review and peer pressure in the context of international organisations. In particular, the paper studies the experience of the Organisation for Economic Co-operation and Development. The study starts by defining peer review, then clarifies the related concept of peer pressure, and proceeds to examine the main components of a peer review exercise. The last section outlines the role that peer reviews can play and sets out the conditions under which they can strengthen co-operation and bring change.

Pieth, Mark, International Vorstöße - Einleitung, in Pieth/Eigen (eds.): Korruption im internationalen Geschäftsverkehr. Bestandsaufnahme, Bekämpfung, Prävention, Neuwied/Kriftel: Luchterhand, 1999. The article gives an overview of different initiatives against corruption of the UN, OECD, Council of Europe, OAS and EU.

Pieth, Mark, International Efforts to Combat Corruption, 1999
The paper gives an overview of different anti-corruption instruments and discusses specific issues relating to the criminalisation of transnational bribery. It also gives an introduction to the perspectives of the developing and industrialised world.

Posadas, Alejandro, Combating corruption under international law, Duke Journal of Comparative and International Law, Vol. 10, No. 2, (Spring/ Summer 2000)
This article reviews the history of the development of the international legal framework with regard to corruption. It looks at the origins of efforts to address the issue starting with post-Watergate investigations and continuing with unsuccessful efforts at the United Nations during the late 1970’s and early 1980’s. It then examines the emergence and development of international anti-corruption initiatives from the 1990’s to the present, resulting in large measure from new international realities of the post-Cold War era. It considers the lessons learned from the experience thus far, the current status of international efforts and raises some questions about existing measures to combat bribery and corruption under international law.

UN Convention against Corruption

BOOKS AND ARTICLES
Dell, Gillian, Eindämmung von Bestechung und Bestechlichkeit: Das Übereinkommen der Vereinten Nationen gegen die Korruption Vereinte Nationen, Juni 2004, p. 77

Low, Lucinda A., The United Nations Convention against Corruption: The Globalization of Anticorruption Standards

Murphy, Sean, Adoption of UN Convention Against Corruption, 98 American J. of Int'l Law #1, Jan 2004, p182
This article gives a good overview of the provisions contained in the UN Convention Against Corruption.

Podesta, Guillermo Jorge, Notes on asset recovery in the U.N Convention against Corruption (2003)
The article is essential for those interested in how the UN Convention will promote asset recovery even though it deals with the draft of the Convention rather than the final text.

Polaine, Martin, The 2003 United Nations Convention against Corruption: Criminalisation

Rooke, Peter, The UN Convention against Corruption, in Global Corruption Report 2004, p. 111
This article deals with the Convention’s provisions on preventive measures, criminalisation, international cooperation, technical assistance and mechanisms for implementation.

TI PRESS RELEASES
First global convention against corruption to enter into force, 16 September 2005

Statement on the conclusions of the Group of Eight Economic Summit at Gleneagles, Scotland, 8 July 2005

OTHER
In Focus Section: First global convention against corruption to come into force, 16 September 2005

UN Convention against Transnational Organized Crime

Globalizing the Anti-Corruption Regime, 24-26 February 1999
Summary of US position in favor of the development of an international convention against transnational organized crime at the 1999 "Global Forum on Fighting Corruption: Safeguarding Integrity Among Justice and Security Officials, Washington, DC.

OECD Convention

BOOKS AND ARTICLES
Ehlermann-Cache, Nicola, Joining the Convention, OECD Observer, no. 220 (April 2000)
Information for non-member countries which would like to join the OECD Convention.

Heimann, Fritz, Will the OECD Convention stop foreign bribery?, in Global Corruption Report 2004, p. 128
This chapter of the Global Corruption Report states that the OECD Convention can only stop foreign bribery if the following conditions are met: governments must prosecute bribe payers; the OECD must accelerate monitoring of enforcement and close loopholes in the convention; public awareness of the convention must be increased; companies must adopt effective compliance programmes; and civil society groups must exert pressure to assure that all these steps are taken.

IMF Policy and Review Department, OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 18 September 2001
This paper provides information on the background and nature of the Convention, and the experience of the OECD with its implementation.

Panday, Devendra Raj, Developing North-South Non-Governmental Cooperation to Increase Awareness and Enforce OECD Convention, case study presented at the 11th IACC in May 2003.
The paper presents some findings about the state of awareness of the OECD Convention in civil society. It examines the effort of the OECD to involve TI in the process of implementing and monitoring the Convention and discusses a more specific programme of action.

Pieth, Mark, Taking stock: Making the OECD Initiative against corruption work, 2000
This paper follows up on the methodology, the working of "soft law" as it has been developed in the OECD context. It gives some insight into the mechanisms of evaluation of implementing legislation and the OECD’s procedures to monitor practice. Finally, the paper touches upon the future work programme of the OECD Working Group in combating bribery and puts their work into a wider context.

Sacerdoti, Giorgio, Das OECD-Übereinkommen 1997 über die Bekämpfung der Bestechung ausländischer Amtsträger im internationalen Geschäftsverkehr, 1999
The article contains information about the historical background and the negotiations of the OECD Convention. It exposes the general features of the Convention. It discusses the provisions on jurisdiction, money laundering, accounting, legal assistance, extradition, entry into force and monitoring.

Transparency International USA, Overall Observations - Financial Transparency and Accountability Initiative - OECD Convention on Combating Bribery of Foreign Public Officials, April 2000.
The objective of the publication was to collect and analyze data to assist the OECD Working Group on Bribery in International Business Transactions in the areas of books and records, internal controls and auditing practices. The frame of reference was Article 8: Accounting, of the OECD Convention and Recommendation V of the 1997 Revised Recommendation. During the Fall of 1999, current practices in 16 countries were documented, including the 11 largest exporters, and country-specific observations were developed which are included in a separate report entitled, "Country Analysis and Observations".

Wehrle, Frédéric, Making Sure That International Anti-Corruption Standards Are Enforced: The OECD Convention Monitoring Mechanism, Presentation at the Conference of Central and Eastern Europe Countries on Fighting Against Corruption, Bucharest, Romania, 30-31 March 2000.
This paper presents the rigorous mechanism of the OECD Secretariat and the signatory countries of the OECD Convention to monitor the implementation of the Convention. Monitoring includes peer reviews, country reports and regular meetings of the working group on bribery to discuss and criticize the latest developments in signatory countries having ratified or not yet the convention and implemented a corresponding legislation.

Xia, Jerry F., The Contribution of the 1999 OECD Anti-Bribery Convention towards Combating Bribery in International Business Transactions, April 2001
This paper gives information about the background of the OECD Convention, its coverage and rules and its jurisdictional criteria and enforcement principles.

CASE AND COUNTRY STUDIES
OECD Working Group country reports
As of June 2005, the OECD had published 37 country reports on the Phase 1 monitoring process, including follow-up reports for Hungary and the UK, and 16 Phase 2 reports. The same web pages include reports to the Ministers on Implementation of the Convention and Revised Recommendation submitted in 2000, 2001 and 2002. The Phase 1 reports summarize the results of an examination of relevant laws of the parties to the Convention to determine whether they conform to Convention requirements while Phase 2 reports focus on the application of the laws in practice.

Phase 1 country reports of the TI Working Group on the OECD Convention These are reports prepared by TI National Chapters in collaboration with the TI Working Group on the OECD Convention, evaluating the implementation into law of the OECD Convention in the countries being reviewed. They were submitted to the OECD Working Group to contribute to their country evaluations in the Phase 1 process.

Phase 2 country reports of the TI Working Group on the OECD Convention These are reports prepared by TI National Chapters in collaboration with the TI Working Group on the OECD Convention, evaluating the application and enforcement of the requirements of the OECD Convention in the countries being reviewed. They were submitted to the OECD Working Group to contribute to their country evaluations in the Phase 2 process.

Clifford Chance law firm, Anti-Bribery Laws, December 2004
This booklet provides a short overview of the relevant anti-bribery laws in France, Germany, Italy, Spain, the Russian Federation and the United Kingdom, with a particular focus on the bribery of public officials.

Hansen, Abigail, Crimes in Cameroon and the role of North-South cooperation in seeking justice from the French Courts, case study presented at the 11th IACC in May 2003
This case study informs about the Rougier Case, the OECD Convention in French law, and the role of civil society in North-South cooperation.

Han-Su, Kim, National Governments: what steps so far? Lessons learned from a bribery case, case study presented at the 11th IACC in May 2003

US Department of Commerce, Addressing the challenges of international bribery and fair competition 2004, July 2004
This sixth and final annual report under the International Anti-Bribery and Fair Competition Act of 1998 (IAFCA) examines the progress that parties have made in implementing and enforcing the OECD Convention.

TI POSITION PAPERS
TI Proposals on Combating Solicitation of Bribes, 16 April 2004
These proposals were made in preparation of an OECD sponsored meeting on steps to combat the solicitation of bribes by public officials.

TI Report on Paris Meeting 2003: Overcoming obstacles to enforcement of the OECD Convention on Combating Bribery of Foreign Public Officials, 2-3 October 2003
The Paris Meeting considered the current status of enforcement of the OECD Convention, the causes of insufficient enforcement, and what can be done to strengthen enforcement. This report summarizes the conclusions and recommendations of the meeting.

TI recommendations for OECD Working Group agenda, 14 August 2002
This memo assesses the current status of the Convention, accomplishments as well as shortcomings. It discusses what is required to reinvigorate the Phase II monitoring program. It deals with the “unresolved issues” (assuring adequate coverage of foreign subsidiaries and of bribe payments to foreign political parties). It discusses other steps required to promote enforcement and compliance. Finally, it comments that accession of other states should be deferred until the present signatories are enforcing the Convention.

La Pietra Recommendations, 14 October 2000
These recommendations were developed at a meeting organized by TI at the Villa La Pietra, Florence. The purpose of the meeting was to review issues relating to corruption and political party financing, particularly in the context of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

TI PRESS RELEASES
TI report finds fifteen OECD countries making a "promising start" in enforcing anti-bribery laws but calls for accelerated enforcement, 7 March 2005

OTHER
Workshop Report, Making the OECD Ant-bribery Convention Work: The Need for North-South Cooperation, 11th IACC in May 2003
The workshop addressed the issue of how to improve north-south co-operation, principally between non-governmental actors, so as to better support the OECD Anti-bribery Convention.

AU Convention

BOOKS AND ARTICLES
Muna, Akere, The African Union Convention against Corruption, in Global Corruption Report 2004, p. 116
The chapter informs about the roots of the AU Convention, its objectives, principles, features and scope of application, as well as about the monitoring and enforcement of the Convention.

TI PRESS RELEASES
Transparency International urges NEPAD leaders to ratify AU Anti-Corruption Convention, 22 November 2004

Transparency International urges African leaders to sign and ratify AU and UN Anti-Corruption Conventions, 6 July 2004

Council of Europe Conventions

BOOKS AND ARTICLES
Csonska, Peter, The Council of Europe’s anti-corruption treaties, October 1999
Speech given at the 9th Anti-Corruption Conference in Durban. It explains the Council of Europe’s approach to the fight against corruption and gives information about the Criminal and Civil Law Conventions and the Group of States against Corruption (GRECO).

Lezertua, Manuel, Council of Europe: An Overview of Anti-Corruption Activities from 1994 to 1998, in Pieth/Eigen (eds.): Korruption im internationalen Geschäftsverkehr. Bestandsaufnahme, Bekämpfung, Prävention, Neuwied/Kriftel: Luchterhand, 1999.
The article discusses five major events, which have marked the Council of Europe’s activities in the field of the fight against corruption: The Malta Conference (1994), the setting up of the Multidisciplinary Group on Corruption, the Programme of Action against Corruption (1996), the Prague Conference (1997) and the Strasbourg Summit (1997). Finally, it mentions the launch of the Joint Council of Europe/European Commission Programme known as “Octopus”.

OAS Convention

BOOKS AND ARTICLES
Experts Roundtable, A Hemispheric Approach to Combating Corruption, 17 April 2000
The Roundtable examined the effects of corruption in the Western hemisphere, outlined a “hemispheric approach” to the problem, and discussed ways to increase the number of ratifications of the OAS Convention as well as to improve adherence to its provisions.

CASE AND COUNTRY STUDIES
OAS Secretariat for Legal Affairs
These pages make available 15 country reports adopted by the OAS Committee of Experts containing their findings and conclusions in the first round of examinations of countries under the Follow-Up Mechanism for the implementation of the OAS Convention. The pages also provide access to the written civil society submissions to the review process.

Transparency International TILAC webpages
This page of the TILAC website provides access to 17 country reports prepared by TI National Chapters and submitted to the Committee of Experts as part of the OAS Convention Follow-Up Mechanism.

TI POSITION PAPERS
Recommendations of TI to the XXXV Regular Session of the OAS General Assembly, 5-7 June 2005
TI has actively participated in every OAS General Assembly and in the Summit of the Americas since 1994. TI has presented several proposals and recommendations, some of which have been used in resolutions and conventions originating from those meetings. The present paper covers recommendations on the adoption of international instruments, on the follow-up mechanism for the implementation of the Inter-American Convention against Corruption and on the Follow-up of ICAC mutual legal assistance in criminal matters, on transparency and free access to public information, and on international technical and financial assistance.

TI PRESS RELEASES
OAS must fulfil commitments to anti-corruption convention, says Transparency International, 6 June 2005

OTHER
Transparency International, In Focus Section: The OAS Convention was opened to signature 9 years ago, 10 June 2005


TI Policy Position:
Effectively Monitoring the United Nations
Convention against Corruption (UNCAC)