Governance & Anticorruption: Effective Policy & Enforcement

Overview

The course presents an in-depth survey of methods and best practices taken by governments, non-governmental organizations (“NGOs”), and other stakeholders to eradicate corruption and promote transparency. Particular emphasis will be placed on recent developments and the immediate effect of the COVID-19 crisis on the recovery period to follow. The course reviews elements in public sector management commonly known as “good governance,” the causes and effects of corruption, and undertakes a comparative study of domestic and multilateral efforts to eliminate corruption. Additionally, the course examines the main provisions of the United Nations Convention Against Corruption and other international instruments designed to curb corruption and their implications for governance and transparency worldwide. The impact of the COVID-19 crisis on Governance and Anti-Corruption measures and the expected aftermath will be discussed in the context of topics selected from the areas listed below.

Course Outline

Introduction

• Definitions and measurement of corruption
• Codes of conduct and accountability

International Anticorruption Mechanisms

• UN Convention Against Corruption (UNCAC)
• US Foreign Corrupt Practices Act
• UNOCD Legislative Guide
• OECD Anti-bribery Convention
• Inter-American Convention Against Corruption
• Multilateral and bilateral programs
• International cooperation

Public Sector Mechanisms

• Government ethics and integrity
• Government oversight
• Transparency in procurement
• Financial regulatory mechanisms

Private Sector Issues and Mechanisms

• Issues of financial integrity
• Maintaining financial integrity
• Role of accounting
• Codes of ethics

Civil Society Mechanisms

• Roles and activities of Transparency International
• The right to information
• U.S. Freedom of Information Act
• Free and independent media
• The role of stakeholders: parliamentarians, judges, civil society, NGOs and media

Course Advisor

Timothy L. Dickinson is a partner in the Washington D.C. office of Paul, Hastings LLP. His practice is devoted primarily to international commercial matters, including counseling on the U.S. Foreign Corrupt Practices Act, and the design and implementation of special investigations and compliance programs. Mr. Dickinson is also a member of the ILI Board of Directors.

H. Stephen Halloway is the Director of ILI’s Center for Comparative Legislative Management. He has over 35 years of experience in senior legal and policy positions in the U.S. Government, the U.S. Senate, State legislatures, the United Nations and the Inter-American Development Bank. He was Chief Regulatory Officer for the U.S. Department of Commerce and a civil rights attorney in the U.S. Department of Justice. He serves on the Private Advisory Council to the State Legislative Leaders Foundation.