Rose; Huber; Heine

Private Commercial Bribery; A Comparison of National and Supranational Legal Structures

The papers collected under this cover are the result of a collaboration between the International Chamber of Commerce in Paris and the Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany. This collection comprises thirteen country studies of the law of private-sector bribery (transactions between two persons both of whom are subjects of private law), a study focusing on international instruments addressing the same question, and an analytical treatment of the vast amount of material contained in the foregoing studies. The project looks at the criminal, civil and administrative measures against this twin of bribery of public officials. The crimininalization of private-sector bribery, especially if international aspects are presents, is a recent development; there is no unanimity about the policy goal(s) wich private-sector bribery law should vindicate. Regarding the use of civil law and its remedies as a method of compensating for private-sector bribery, the reports reflect a spectrum of results suggesting that general principles of tort/fault law have not always been implemented or vindicated in this field. The study also inquired about practices to stem private-sector bribery present in regulatory measures and/or developed internally by business enterprises. The surveys clearly show that it will remain an ongoing task for all jurisdictions to strengthen and clarify the instruments of law in combination with instruments of self-regulation to succesfully combate private bribery. Its condemnation is the natural next step of the OECD Working Group.