Acts Sanctioning Foreign Corrupt Practice as a Legal Instrument for the Control of Corruption : An analysis of the policy implementation process of the OECD Anti-bribery Convention in Japan

Abstract

This paper concerns the lagging implementation of OECD Anti- Bribery Convention in Japan, the first international convention that provides prohibition of foreign corruption as a necessary equipment to control corruption. Currently, there are three approaches to reinforce the implementation and enforcement of OECD Anti-Bribery Convention; a top-down approach, a bottom-up approach, and a voluntary approach. The analysis of the Japanese case of lagging implementation of OECD Anti-Bribery Convention in contrast with United States tells the lessons of limitation of these three approaches. Also, the analysis of socio-economic and political background of Japan shows another reason for lagging implementation. This paper draws two recommendations to move its lagging legs forward: strengthened whistleblower protection and encouragement of domestic NGOs.