Combating Corruption in International Business: Limitations of Law

In a competitive business environment, it is not unknown for international businesses, be they small, multinational or transnational to engage in corrupt practices. Bribes and kickbacks to public officials and politicians are used to obtain lucrative contracts, licences, investment incentives and tax concessions. Various studies establish that such practices harm a nation's economic wealth and contribute to poverty. Only since the 1990s has corruption been openly acknowledged as a hindrance to economic development resulting in a number of corruption related international treaties from, among others, the Organisation for Economic Co-operation and Development, the Council of Europe, and the United Nations. The purpose of the study is to extend the understanding and analysis of the current international legal framework for tackling corruption taking in to account all the regional and international treaties, and the International Chamber of Commerce guidelines on bribery and extortion. Establishing the limitations by identifying specific gaps and shortcomings in the current legal framework, the study explores in details whether corporate social responsibility (CSR), and engagement of the multinational /transnational corporations (MNCs/TNCs) with the right to development are effective and integral tools in tackling corruption. A combination of doctrinal, contextual and inter-disciplinary approach is proposed to throw light on these issues.
The focus of this research is the building of a framework for combating corruption in the international business environment that takes into account both legal and extra-legal factors. This will involve,
Critical analysis of international treaties drafted by a variety of international and regional organisations and assessment of their limitations.
In depth exploration of whether CSR could be used as an integral tool in the fight against corruption.
Critical examination of whether the emerging 'right to development', and allied economic rights, impinge on the issue of corruption and the extent to which these rights impose duties on MNCs/TNCs.