Online | The International Endorsement of Corporate Settlements in Foreign Bribery Cases

Speaker

Radha Ivory (University of Queensland)

Chair: Professor Iris Chiu (UCL)

About this talk

International anticorruption treaties create an almost universal requirement that States sanction legal persons for the crime of foreign bribery. However, the vast majority of corporate foreign bribery cases are ‘settled’ between governments and firms. Analysing key anticorruption instruments and treaty body reports, it appears there is a dearth of express rules on settlements in international law but a qualified implicit endorsement of domestic settlement laws and practices. The international regime is investigated in terms of its move towards common standards for the use of settlements, and whether recommendations are consistent with stated objectives. The analysis discloses an irony: States and international organisations fail to clearly articulate their expectations on settlements, while calling for transparent, effective and predictable domestic settlement rules.
Radha Ivory & Tina Søreide. Published in the International and Comparative Law Quarterly (2020) 69, 945

About the speaker

Dr Radha Ivory is a Senior Lecturer in Law at the University of Queensland, Australia (UQ). She teaches company law and researches problems at the intersection of criminal law, public international law, and corporate governance. A revised version of her PhD thesis (University of Basel, 2012) was published as Corruption, Asset Recovery, and the Protection of Property in Public International Law: The Human Rights of Bad Guys (Cambridge University Press, 2014). Current projects include studies of the emergence and scope of corporate criminal liability regimes in Australia and the UK, and the regulation of corporate settlements in international law. A regular speaker at international conferences and meetings, Radha has delivered presentations at the London School of Economics and Political Science, the University of Melbourne, and the Wharton School, University of Pennsylvania. Prior to commencing at UQ, she worked in the international sector in Switzerland and in private practice in Brisbane.

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