UNIJURIS (unilateralism and the protection of global interests)
PhD student: Mrs F.A. Haijer
Promotor: Prof C.M. Ryngaert
Duration: 1/9/2014 - 31/8/2018
Jurisdiction for foreign corruption Description: International anti-corruption instruments include far-reaching jurisdictional provisions; specifically, they allow for the passive and active nationality principle. The intention is to ensure jurisdiction for prosecutions of bribery that did not take place within the territory. Many countries have incorporated these provisions in their national legislation and legislation on the criminalizing of foreign corruption has reached a high level of harmonization internationally. Similar to other efforts at prosecuting international crime at the national level, the number of prosecutions varies immensely between different countries. For example, between 1999 and 2012, there were 236 prosecutions for foreign corruption in the United States of America, and just 1 in the Netherlands, despite strong similarities in both countries’ legislative regimes. Drawing on empirical data from the United States, South Africa and the Netherlands, this research will investigate how legal, cultural and political factors influence the decision to prosecute for foreign corruption.