Towards New Governance Strategies for Preventing Corruption: Law, Theory and Practice CALL FOR CONFERENCE PAPERS Conference Venue: Toronto Conference Dates: September 14th and September 15th, 2017 BACKGROUND NOTE The global fight against large-scale corruption has generated widespread attention and action from governments, NGOs, businesses and academics. But is all this discussion and action accomplishing any reduction in corruption, or is it little more than new laws and policies with no teeth, no resources for enforcement and no will to implement from political and business elites? While it is impossible to craft a generic “one-size-fits-all” solution to address corruption without accounting for variations in national and industry contexts as well as societal norms and informal institutions that perpetuate and reinforce these norms, what is clear is that corruption is a phenomenon that prevents entities, be it government or private sector, from achieving their legitimate objectives, such as delivery of public goods in the case of the government or maximizing shareholder value in the case of corporations. Large scale acts of corruption by officers of a firm may result in civil and criminal liability and adversely impact its reputation. All these issues can be seen as issues of corporate governance broadly defined. One of the key challenges of governance is that of “integrity,” reflected in individual, company and cultural commitment to anti-corruption ethos. Given this emphasis placed on “integrity,” especially when it comes to development discourse, it is not surprising that the very term -2integrity is often used as an antonym for corruption. At the same time, the concept of integrity and behaviours that deviate from this principle, are frequently shaped by the interplay between formal legal principles and structures and informal societal and industry norms that develop as a response mechanism to address low levels of trust in public institutions and formal laws. Thus, corruption type behaviours become part and parcel of these informal norms, further entrenching them and making the process of formal rule creation, corporate governance and compliance a challenging exercise. This conference aims to examine a variety of methods across jurisdictions and disciplines for advancing formal anti-corruption laws and norms that would impact, advance and entrench the formation of informal anti-corruption norms and values – all contributing to better governance. CALL FOR PAPERS: We invite papers from a wide variety of perspectives – legal, social, economic and philosophical – on topics that may fall within one or more of the following corruption prevention themes. The bullets within each theme are simply a few examples of possible topics but are in no way meant to be an exhaustive list. THEME 1 – UNDERSTANDING CORRUPTION Understanding the nature and scope of corruption is an essential step in developing preventable strategies. • • What do we know about the factors, circumstances, and influences which drive and/or facilitate corruption What public and private segments/sectors of our economy are most susceptible to corruption and why THEME 2 – PUBLIC SECTOR INTEGRITY: EXAMINATION OF ESSENTIAL COMPONENTS FOR ACHIEVING PUBLIC SECTOR INTEGRITY • • • • • • Integrity Oaths and Codes of Conduct Conflicts of Interest Rules Regulating Lobbying Financial Contributions to Politicians and/or Political Parties Transparent Procurement Processes How best to achieve effective whistleblowing programs THEME 3 – CORPORATE GOVERNANCE: RETHINKING THE VIABILITY OF VOLUNTARY CORPORATE COMPLIANCE WITH ANTI-CORRUPTION STANDARDS • Can voluntary compliance standards be effective and if so, how -3• • • What are best practices in regard to anti-corruption compliance programs What are the best approaches to due diligence in the context of compliance programs What are the essential components of an effective whistleblowing program THEME 4 – CORRUPTION REMEDIES: WHAT WORKS? • • • Criminal Remedies – Fines, Imprisonment, Supervision Orders, Disgorgement Administrative Remedies o Inspections, Audits, etc. o Administrative Penalties Civil Remedies o Law suits (e.g. torts, contracts, unjust enrichment etc.) THEME 5 – CRIMINAL AND ADMINISTRATIVE ENFORCEMENT: CHALLENGES AND LESSONS • • • What are the essential requirements for successful enforcement of anti-corruption standards o Is an independent, permanent anti-corruption commission an effective approach How do we ensure adequate enforcement personnel, budgets, and training for anticorruption law enforcers What other barriers exist to effective anti-corruption law enforcement THEME 6 – ANTI-CORRUPTION PROGRAMS IN BRICS COUNTRIES • • • • Political and legal anti-corruption reforms and their impact on social perceptions of corruption Long-term sustainability of current anti-corruption measures and strategies to ensure institutional commitment to anti-corruption measures Adoption of international anti-corruption measures/best-practices into local contexts Measures to address the “gap” between formal anti-corruption measures and informal “normalization” of corruption. PAPER ABSTRACTS Please submit a one page abstract (maximum 500 words) of your proposed paper by February 28, 2017 to [email protected]. Participants will receive notification of acceptance of their paper for presentation by March 20, 2017. Draft papers must be submitted by August 14, 2017, one month prior to the conference. Final papers must be submitted by November 14, 2017. FUNDING -4It is expected that most participants will be able to cover their own travel and accommodation expenses. The conference organizers hope to be able to provide some travel subsidies for some participants based on need. PUBLICATION The conference organizers expect to publish final papers in a special law review issue or edited book collection. ORGANIZERS Professor Gerry Ferguson Faculty of Law, University of Victoria [email protected] Professor Suvrajyoti Gupta Jindal Global Law School [email protected] Professor Alexandra Orlova Ryerson University [email protected] Professor Poonam Puri Osgoode Hall Law School York University [email protected]
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