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3 - International Guidelines and Best Practices on Leniency Programmes

Decontextualised Summaries of Local Practices

from Part II - Leniency in Historical, International and Theoretical Context

Published online by Cambridge University Press:  15 September 2022

Steven Van Uytsel
Affiliation:
Kyushu University, Japan
Mark Fenwick
Affiliation:
Kyushu University, Japan
Yoshiteru Uemura
Affiliation:
Hannan University, Japan
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Summary

This chapter sheds light on the international organisations that have been active in proliferating leniency programmes. This contribution includes the efforts of the OECD, ICN, UNCTAD and ASEAN. For each of these organisations, the chapter argues that they have a tendency to look for the common elements among existing leniency programmes and present them as an international guideline or best practice. When the existing leniency programmes diverge, the international guideline or best practice is to offer options. By not further clarifying these options, the chapter holds, the international organisations do no more than summarise local practices and pull them outside of their context. Due to this practice, convergence is unlikely to happen because, when the international guidelines or best practices are consulted, there will be an automatic reflex to also consult existing local practices and the existing literature regarding those practices.

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Publisher: Cambridge University Press
Print publication year: 2022

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