A critical comparative analysis of anti-bribery legislation in the BRICS countries

Munnik, Liezl (2016-03)

Thesis (LLM)--Stellenbosch University, 2016

Thesis

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

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