CORRUPTION AS A TRADE BARRIER: THE OPPORTUNITIES OF ITS ELIMINATION THOROUGH MECHANISMS UNDER THE GATT/WTO REALM AND BEYOND
Abstract
Giving and receiving bribes is a common practice not only in the individual national economies, but also in international trade. There are many opportunities for the spread of corrupt practices in the global economy, and they can be used at several stages of a trade transaction. Thus, international trade can contribute to bribery, initially carried out only within the national administrative structures. However, can it help in the fight against this phenomenon, which adversely affects the well-being of individuals and the entire state? It is generally recognized that bribery inflicts damage on the national and global economy, but within the framework of the World Trade Organization (WTO), which a leading institution in the field of international trade, there is still no universally accepted agreement, concerned entirely with the regulation of this problem. But within the framework of the WTO and beyond, there are options, which can help the state to fight against corruption as a trade barrier. The purpose of this article is to examine the advantages and disadvantages of these options, as well as to assess the countries’ need for fighting corruption and ensuring free trade in goods and services between the members of the WTO through these mechanisms. It can be divided into two parts: first one is concerned with the definition of the concepts of “bribery” and "international trade" and their relationship, second one – with the analysis of anti-corruption mechanisms in international trade within the WTO realm and beyond.
Downloads
References
2. Wrage A. A. Bribery and extortion: undermining business, governments, and security. – Greenwood Publishing Group, 2007.
3. World Bank Group [Electronic resource]. – Accessed mode: http://worldbank.org.
4. World Trade Organization: official web-site [Electronic resource]. – Accessed mode: http://wto.org.
5. 2015 National trade estimate report of foreign trade barriers [Electronic resource] / Office of the United States Trade Representative. – 2015. – Accessed mode: https://ustr.gov/sites/default/files/2015% 20NTE%20Combined.pdf.
6. Maclean R. M. EU trade barrier regulation: tackling unfair foreign trade practices. – Sweet & Maxwell, 2006.
7. Bribery as a Non-tariff Barrier to Trade: A Case Study of East African Trade Corridors. – Transparence International Kenya. – 2012.
8. World Data Bank [Electronic resource]. – Accessed mode: http://databank.worldbank.org.
9. Loughman B. P., Sibery R. A. Bribery and Corruption: Navigating the global risks. – John Wiley & Sons, 2011. – Т. 568.
10. Cassin R. L. Bribery everywhere: chronicles from the foreign corrupt practices act. – Lulu. com, 2009.
11. Chow D. C. K., Schoenbaum T. J. International Trade Law: Problems, Cases, and Materials. – Wolters Kluwer Law & Business, 2013.
12. Шестопалова П. М. Деятельность международных институтов по борьбе с коррупцией в таможенных органах //Новый университет. Серия «Экономика и право». – 2015. – №. 5 (51).
13. Nadakavukaren Schefer K. Corruption and the WTO Legal System //Journal of World Trade. – 2009.– Т. 43. – №. 4. – С. 737-770.
14. Nichols P. M. Outlawing transnational bribery through the World Trade Organization //Law & Pol'y Int'l Bus. – 1996. – Т. 28. – С. 305.
15. VanGrasstek C. The History and Future of the World Trade Organization. – 2013.
16. Dutt P. Trade protection and bureaucratic corruption: an empirical investigation //Canadian Journal of Economics/Revue canadienne d'économique. – 2009. – Т. 42. – №. 1. – С. 155-183.
17. Thacker S. C. Democracy, Economic Policy, and Political Corruption in Comparative Perspective //Corruption and Democracy in Latin America, University of Pittsburgh Press: Pittsburgh. – 2009.
