Corruption Abroad: From Conflict to Co-Operation: A Comparison of French and American Law and Practice

Authors

• Fred Einbinder, American University of Paris

Abstract

The article examines the divergent approaches of France and the United States in combating corporate foreign corruption, highlighting their shared commitment to addressing the issue but differing legal frameworks and practices. While the U.S. employs participatory, lawyer-led systems with tools like plea bargaining and whistleblowing, France's inquisitorial, state-centric model has historically resisted such practices. The enactment of Sapin 2 in France marks a shift toward integrating American-style anti-corruption mechanisms, such as the Convention Judiciaire d'Intérêt Public (CJIP), while preserving core principles of French criminal law. The analysis underscores the challenges and opportunities of cross-border enforcement and the evolving cooperation between the two jurisdictions.

Disciplines

Comparative and Foreign Law | Criminal Law | Criminal Procedure | Dispute Resolution and Arbitration | International Law | Law

Recommended Citation

Fred Einbinder, Corruption Abroad: From Conflict to Co-Operation: A Comparison of French and American Law and Practice, 3 Cardozo Int’l & Compar. L. Rev. 667 (2020).
Available at: https://larc.cardozo.yu.edu/ciclr/vol3/iss3/3