Structural nature of the corruption phenomenon and inadequacy of the international-legal approach based on individual conduct

Héctor Olásolo, Pablo Galain Palermo

Research output: Contribution to journalArticlepeer-review

1 Citation (Scopus)

Abstract

There is ample evidence of the structural nature of corruption and the type of organizations through which it takes place. Nevertheless, anti-corruption international treaties, which were drawn up in the 1990s and at the beginning of the 21st century, continue to equate corruption to individual conduct revolving around the misuse of decision-making power or the alteration of the essence of a process, for one’s own benefit or that of a third party. This prevents transnational corruption from being addressed effectively. Given this situation, it is necessary to review this approach in order to focus the prevention, investigation and punishment of this phenomenon on the organizations that promote it and on the scope of their corrupt practices.

Translated title of the contributionLa insuficiencia del enfoque de los tratados internacionales anticorrupción para abordar la corrupción transnacional organizada
Original languageEnglish
Pages (from-to)227-249
Number of pages23
JournalRevista de Derecho
Volume35
Issue number2
DOIs
Publication statusPublished - 2022

Keywords

  • Corruption
  • Organized Crime
  • Transnational Crime

ASJC Scopus subject areas

  • Law

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