Due Diligence Debates in International Anti-corruption and Money Laundering Law
| Autor: | Radha Ivory |
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| Rok vydání: | 2020 |
| Předmět: | |
| Zdroj: | Due Diligence in the International Legal Order |
| DOI: | 10.1093/oso/9780198869900.003.0017 |
| Popis: | This chapter describes and problematises the role of due diligence norms in international anti-corruption and money laundering law. It analyses the international legal framework against the abuse of trust or power for private gain—corruption—and finds that states are obliged to prevent the perpetration or facilitation of such conduct by non-state actors. The chapter demonstrates that, to this end, states must ‘responsibilise’ legal entities and require supervision by those entities of other non-state actors. Both horizontal (state-to-state) and traversal (state-to-business) anti-corruption due diligence obligations are calibrated by discretions and notions of risk. The chapter points out that the international economic crime standards seem to employ a ‘new’ approach to governance or—more problematically—to diffuse ‘new’ forms of ‘penality’ or global governmentality. |
| Databáze: | OpenAIRE |
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