Who should regulate transnational corruption? Between Impunity and Imperialism

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Wednesday, September 28th, 2016

Wednesday, September 28, 20165:00PM - 7:00PMBloor - 1st floor Boardroom/Round Room/Library, 315 Bloor Street West
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Regulation of foreign corrupt practices, including both bribery and money laundering, has emerged as one of the most prominent forms of regulation for multinational enterprises, rivaling competition law. Recent enforcement actions have stretched the limits of traditional legal principles, which allocate regulatory authority based primarily on territoriality and nationality. The new approach amounts to a form of quasi-universal jurisdiction. This approach is typically defended as a way to end impunity for corrupt officials and their accomplices, as well as to protect the human rights of inhabitants of countries burdened with corrupt governments. This lecture will critically examine the new approach, in terms of both effectiveness and legitimacy, and show that the range of situations in which expansive assertions of regulatory authority can be justified is more limited than is commonly understood.

Kevin E. Davis is Vice Dean and Beller Family Professor of Business Law at New York University School of Law. His research focuses on contract law, quantitative measures of the performance of legal institutions and anti-corruption law.


Kevin E. Davis
Vice Dean and Beller Family Professor of Business Law, New York University School of Law

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