A critical comparative analysis of anti-bribery legislation in the BRICS countries
Date
2016-03
Authors
Journal Title
Journal ISSN
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Publisher
Stellenbosch : Stellenbosch University
Abstract
ENGLISH ABSTRACT : Recent years have proven to be quite progressive in terms of the development
of anti-corruption legislation, especially with the promulgation of the United
Kingdom Bribery Act, and the increased enforcement of the United States Foreign
Corrupt Practices Act by US federal prosecutors.
Although the two mentioned Acts have largely overshadowed the anti-corruption
developments in the BRICS (Federative Republic of Brazil, Russian Federation,
Republic of India, People’s Republic of China and the Republic of South
Africa) countries, it to some extent raised the profile and initiated development.
The BRICS countries are a grouping of countries understood to be undergoing
rapid transformation in their economic environments which often leads to significant
corruption problems, hindering the economic growth that would further
develop these countries into full force economic super powers. The apparent
low impact of the anti-corruption legislation in these countries is concerning
despite their commitment and implemented legislative initiatives.
This thesis will critically and comparatively evaluate the current legislation relating
to anti-bribery in the various jurisdictions of the BRICS countries. The
study aims to clarify the extent of the application of the anti-bribery legislation
and in doing so develop a greater understanding of the anti-corruption environment
of the BRICS countries.
It is necessary to first define the concept of BRICS. Thereafter it will be practicable
to define the scope of the definition of corruption for purposes of this evaluation and then evaluate the current state of Brazilian, Russian, Indian,
Chinese and South African anti-corruption – more specifically bribery – law.
Through this study I intend to elucidate and contextualise the many provisions
in the BICS legislative environments.
The conclusion of this study will allow for parallels to be drawn between the
anti-bribery legislation in the various BRICS countries, which will provide an
opportunity to assess the effectiveness of the anti-bribery provisions in the
various countries.
AFRIKAANSE OPSOMMING : Geen Afrikaanse opsomming geskikbaar nie
AFRIKAANSE OPSOMMING : Geen Afrikaanse opsomming geskikbaar nie
Description
Thesis (LLM)--Stellenbosch University, 2016
Keywords
Anti-corruption legislation -- People’s Republic of China, Anti-corruption legislation -- South Africa, Anti-corruption legislation -- Federative Republic of Brazil, Anti-corruption legislation -- Russian Federation, Anti-corruption legislation -- Republic of India, UCTD, Comparative law -- Anti-bribery, Anti-bribery -- Law and legislation