Learning from Experience: Comparing Legal Approaches to Foreign Bribery and Modern Slavery

Authors

• Hannah Harris
• Justine Nolan

Abstract

The article examines two distinct regulatory frameworks addressing global corruption and human rights issues: the criminal law approach to foreign bribery and the disclosure-based approach to modern slavery in supply chains. It argues that while the foreign bribery framework, exemplified by laws like the FCPA and the UK Bribery Act, relies on strict criminal liability, the modern slavery framework, as seen in laws like the Australian and UK Modern Slavery Acts, focuses on disclosure with limited enforcement mechanisms. The article proposes integrating elements of experimental governance, such as penalty defaults and stakeholder collaboration, to enhance the effectiveness of both frameworks and incentivize corporate compliance.

Disciplines

Comparative and Foreign Law | Human Rights Law | International Law | International Trade Law | Law | Law and Race

Recommended Citation

Hannah Harris & Justine Nolan, Learning from Experience: Comparing Legal Approaches to Foreign Bribery and Modern Slavery, 4 Cardozo Int’l & Compar. L. Rev. 603 (2021).
Available at: https://larc.cardozo.yu.edu/ciclr/vol4/iss2/6