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The International Law-Making Process: An Innovative UK Practice and Its Use in Transposing International Norms into Domestic Law

The International Law-Making Process: An Innovative UK Practice and Its Use in Transposing... 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 OfŽ 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 ofŽ 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 deŽ nition of what, for the purposes of the Convention, constitutes a “foreign public ofŽ cial”, though there is no ex- press obligation to adopt the deŽ nition as such. The parties to the OECD Convention, including member states of the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Law FORUM du droit international (continued in International Community Law Review) Brill

The International Law-Making Process: An Innovative UK Practice and Its Use in Transposing International Norms into Domestic Law

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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-9036
eISSN
1571-8042
DOI
10.1163/157180404773166019
Publisher site
See Article on Publisher Site

Abstract

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 OfŽ 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 ofŽ 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 deŽ nition of what, for the purposes of the Convention, constitutes a “foreign public ofŽ cial”, though there is no ex- press obligation to adopt the deŽ nition as such. The parties to the OECD Convention, including member states of the

Journal

International Law FORUM du droit international (continued in International Community Law Review)Brill

Published: Jan 1, 2004

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