GLOBAL CORRUPTION
Law, Theory & Practice
By GERRY FERGUSON, Distinguished Professor
2018
9781550585742 (paperback)
9781550585759 (PDF)
1200 pages
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
This book has been specifically created to make it easier for professors to offer a law school course on global corruption. It is issued under a creative commons license and can be used for free in whole or in part for non-commercial purposes. The first chapter sets out the general context of global corruption: its nature and extent, and some views on its historical, social, economic and political dimensions. Each subsequent chapter sets out international standards and requirements in respect to combating corruption – mainly in the UN Convention Against Corruption (UNCAC) and the OECD Bribery of Foreign Officials Convention (OECD Convention). The laws of the United States and United Kingdom are then set out as examples of how those Convention standards and requirements are met in two influential jurisdictions. Finally, the law of Canada is set out. Thus, a professor from Africa, Australia, New Zealand or English speaking countries in Asia and Europe has a nearly complete coursebook – for example, that professor can delete the Canadian sections of this book and insert the law and practices of his or her home country in their place. While primarily directed to a law school course on global corruption, this book will be of interest and use to professors teaching courses on corruption from other academic disciplines and to lawyers and other anti-corruption practitioners.
Subjects: Corruption–Law and legislation, International conventions, bribery, Canada, United Kingdom, United States, Money laundering, Criminal liability, Stolen Asset Recovery, Anti-corruption, Whistleblower protection, Campaign finance
Gerry Ferguson is a University of Victoria Distinguished Professor of Law who specializes in criminal law. He is also a senior associate with the International Centre for Criminal Law Reform and Criminal Justice Policy in Vancouver. Professor Ferguson is a member of the United Nations Office on Drugs and Crime Anti-Corruption Academic Development Initiative (ACAD) devoted to the creation of anticorruption academic materials and the teaching of university courses on global corruption. He is co-editor and co-author (with Douglas Johnston) of Asia-Pacific Legal Development (UBC Press, 1998), was a coleader of the CIDA-funded Canada-Vietnamese Legislative Drafting and Management Program, 1994-95, and a team member of the CIDA-funded Canada-China Procuratoracy Project, 2003-2008, under the direction of the ICCLR. He is the co-author, with Justice Dambrot, of the annually updated two-volume book, Canadian Criminal Jury Instructions and co-author of the Annual Review of Criminal Law.
Professor Ferguson has taught criminal law as a Visiting Professor at the University of Hong Kong, the University of Auckland, Monash University, the University of Malaya and the University of Airlangga in Indonesia. He has given guest lectures at various law schools in South Africa, China, Vietnam, Thailand, Singapore, Australia, New Zealand, Ireland and Europe. Professor Ferguson is a former member of the National Advisory Council of the Law Commission of Canada and an active participant in the Canadian Bar Association, Law Society, and Continuing Legal Education Society activities. His teaching and scholarly interests include transnational and comparative criminal law and procedure, sentencing and mental health law. Professor Ferguson may be contacted at gferguso@uvic.ca.
GLOBAL CORRUPTION: Law, Theory & Practice
Chapter 1 | CORRUPTION IN CONTEXT; SOCIAL, ECONOMIC AND POLITICAL DIMENSIONS
Chapter 2 | BRIBERY AND OTHER CORRUPTION OFFENCES
Chapter 3 | GENERAL PRINCIPLES AFFECTING THE SCOPE OF CORRUPTION OFFENCES: JURISDICTION, CORPORATE LIABILITY, ACCOMPLICES AND INCHOATE OFFENCES
Chapter 4 | MONEY LAUNDERING
Chapter 5 | ASSET RECOVERY AND MUTUAL LEGAL ASSISTANCE
Chapter 6 | INVESTIGATION AND PROSECUTION OF CORRUPTION
Chapter 7 | CRIMINAL SENTENCES AND CIVIL SANCTIONS FOR CORRUPTION
Chapter 8 | THE LAWYER’S ROLE IN ADVISING BUSINESS CLIENTS ON CORRUPTION AND ANTI-CORRUPTION ISSUES
Chapter 9 | PUBLIC OFFICIALS AND CONFLICTS OF INTEREST
Chapter 10 | REGULATION OF LOBBYING
Chapter 11 | CORRUPTION AND PUBLIC PROCUREMENT
Chapter 12 | WHISTLE BLOWER PROTECTIONS
Chapter 13 | CAMPAIGN FINANCE LAWS: CONTROLLING THE RISKS OF CORRUPTION AND PUBLIC CYNICISM
“Global Corruption is the Canadian (and arguably US and UK) definitive text on ABAC. Like Hogg on constitutional law, but for anticorruption. Throughout the day, my counterparts from the other banks emailed back their thanks and great surprise at the sheer wealth of the resource that Ferguson has provided.” – Daryl Davis (H.B.A., B.C.L. & LL. B), Chief Advisor, Sanctions and Anti-Corruption Program Management, National Bank of Canada
“In Global Corruption, Ferguson provides a rich analysis of the nature, scope and extent of global corruption by canvassing international requirements and UK, US and Canadian law on a vast array of topics from the investigation, prosecution and sanctioning of corruption, money laundering and the recovery of corruption proceeds to laws and policies on preventative mechanisms such as the regulation of public procurement, lobbying, campaign financing, whistleblowing and other corruption risks.” – Dr. Leonardo Borlini, Department of Law, Bocconi University & Co-author of Corruption: Economic Analysis and Law
“This book by Ferguson is an invaluable resource for the international community as he provides an amazing wealth of information and analysis for students and practitioners on the scope and details of the international standards against corruption, including the UN and OECD conventions as well as the various ways in which the laws of US, UK and Canada attempt to combat corruption.” – Dr. Nikos Passas, Professor of Criminology & Criminal Justice, Northeastern University, Senior Fellow of the Financial Integrity Institute, Case Western Reserve School of Law Chair, Academic Council of Anti-Corruption Academy, India & 2017 Dr Jean Mayer Global Citizenship Award Recipient
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