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24 The International Law-Making Process: An Innovative UK Practice and Its Use in Transposing International Norms into Domestic Law FRANCES MEADOWS History When parties to an international convention undertake to make certain types of behaviour a criminal offence within their own countries, this will, almost irrespec- tive of constitutional variations, require to be implemented by national legislation. Such is the case with Article 1 of the 1997 OECD Convention on Combating Bribery of Foreign Public Of cials in International Business Transactions (the “OECD Convention”). Parties are required to “take such measures as may be nec- essary to establish that it is a criminal offence (…) for any person intentionally to offer, promise or give any undue pecuniary or other advantage, whether directly or through intermediaries, to a foreign public of cial (…) in order to obtain or retain business or other improper advantage in the conduct of international business”. The article goes on to provide an autonomous de nition of what, for the purposes of the Convention, constitutes a “foreign public of cial”, though there is no ex- press obligation to adopt the de nition as such. The parties to the OECD Convention, including member states of the
International Law FORUM du droit international (continued in International Community Law Review) – Brill
Published: Jan 1, 2004
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