Legal instruments to combat corruption and their efficacy

Abstract

When the temptation to realise private gains prevails over the duty to serve other interests, which are usually common interests, and where, in the application of rules, the opportunity to grant special favours undermines the general obligation to apply public rules without discrimination, corruption may be said to exist. Although corruption can be seen in a much broader context, this thesis will explore this kind of behaviour and will look at what has been done, what is being done and what could be done to keep this behaviour at a minimum. Recent years have manifested a willingness to do this. Many legal systems world wide have felt the need to clarify and stream line their corruption laws. These anti corruption legislative measures, although useful legal instruments, may not be effective in the absence of honest and efficient investigative and judicial bodies. In view of this, governments in certain countries, have felt the need to do away with the normal rules of procedure in this area, and to pursue different methods of investigation - hence the birth of the what are known as anti corruption commissions or agencies which are tribunals set up to specifically investigate corruption. While these domestic measures certainly do provide reasonable checks on corruption, certain corrupt practices defy domestic measures alone and require international collaboration. This is particularly true of those activities which are transboundary. Although such measures are still in their infancy, they are fast gaining recognition and now seem to be more conducive than at any time in the past, to address corruption as an issue of global concern. The thesis will address these considerations and factors and will ultimately lead me to draw upon Maltese Law on corruption, what has been done locally to check corruption, and where and how we can improve on our local performance.