Good Governance: Negotiated Settlements for FCPA Violations as a Model

Abstract

The fragmentation of international society reduces the likelihood of a single overarching model of global governance. More likely, is the emergence of particular processes of governance that develop in response to specific global issues. The paper describes the process of implementing the US Foreign Corrupt Practices Act (FCPA) as an example of one such particular process. The FCPA ‘model’ is characterized by co-operation and negotiation between the public and private sector. In this model, partnering for the provision of security is based on mutual self- interest. The possibility of negotiated settlements has a positive effect on the management of corruption by corporations with a ripple effect throughout the corporation’s sphere of influence. At the same time, it provides governments with access to the information necessary to detect, investigate and prosecute corruption. Mapping such processes provides useful insights about new approaches that may be needed to attain good governance for a safe world.