Adequate Sanctions Research Articles

COPYRIGHT PROTECTION AT THE INTERNATIONAL LEVEL: LEGAL MECHANISMS AND POLITICAL CHALLENGES

Copyright protection at the international level is a crucial aspect of the legal system in the context of globalization and the development of digital technologies. In today’s information society, ensuring adequate copyright protection is critically important due to the rapid dissemination of creative content on the Internet. The main issue lies in creating an effective international legal system that accommodates diverse national legislation and peculiarities. In order to improve copyright protection, it is necessary to strengthen international cooperation. This includes the development of uniform standards for the protection of rights, strengthening cooperation between countries and supporting the implementation of international agreements. It is also important to harmonize national laws, ensure adequate sanctions for rights violations, develop collective rights management organizations and conduct educational campaigns to increase legal awareness. The primary challenge is to harmonize national laws with international standards, which will enable a unified approach to copyright protection and reduce the risk of violations on a global scale. Studying international agreements such as the Berne Convention and the WIPO Copyright Treaty highlights the need for continuous improvement of legal mechanisms to adapt to new technological challenges. Effective copyright protection is critical to the development of creativity, innovation and cultural diversity. The practical significance of this research lies in improving law enforcement practices and developing recommendations for international organizations and national governments. Cooperation between states, international organizations, and the private sector is a key element in enhancing the effectiveness of copyright protection.

Counterfactual coercion: Could harsher sanctions against Russia have prevented the worst?

Numerous studies show that properly designed economic sanctions can force the target to refrain from violating international norms. However, policymakers cannot integrate this finding into their ex ante assessments of whether more forceful coercive measures could prevent military coups, human rights violations, or a war of aggression such as the Russian invasion of Ukraine. In this article, we address this shortcoming and introduce counterfactual predictions to answer the what-if question of whether adequate sanctions by the European Union and the United States could have provoked targets to abandon severe norm violations. To this end, a training data set from 1989 to 2008 is used to predict the success of sanctions from 2009 to 2015. Our policy counterfactuals for key sanction cases suggest that stricter EU coercion against Russia after the annexation of Crimea could have triggered policy concessions from the regime of President Putin.

Time Series Analysis of Climate Change, Drought and Food Security Nexus in Kaduna State Nigeria

The tripartite interplay of drought, climate change and food security have for some time been investigated but the complexity of unfamiliar, local or regional climatic diversities have made it difficult to come to a universal understand of the trio. Kaduna state is located within the Sahelian part of Nigeria, a drought prone region making it a region of concern in view of devastating climate dynamics in recent times. The study examined the interplay of drought, climate change and food security and the resultant effects. The study employed the use of special datasets specifically and solely designed for effective monitoring of drought by the European Commission (EC) and the United States Agency for International Development (USAID) Joint Research Centre (JRC). The research bodies developed the Software for Processing and Interpreting Remotely Sensed Image Time Series (SPIRITS), a standalone yet robust software for detecting and interpreting the dynamics of vegetation and climatic variables. Vegetation anomaly was evaluated and presented as absolute and standardized change images. High degree of vegetation anomalies was recorded mostly in decreasing manner of about 73 and 80 percent of the time and total area respectively with only 27 percent of the study area witnessing increasing vegetation occurring largely in the southern part of the state notably Sanga, Kaura, Jema’a, Zango Kataf, Chikun, Jere and Kachia LGAs. This results in consistent decrease in vegetation with a negative effect on food security. The study therefore recommends handsome reward for tree planting and adequate sanction for cutting down of trees. Wild fire early warning systems should be developed and implemented and the capacity of disaster early warning systems should be strengthened with adequate funding.

Responsive Law Enforcement in Preventing and Eradicating Illegal Mining in Indonesia

Purpose: The objective of this study is to assess and appraise the efficacy of responsive law enforcement in the context of preventing and eliminating illegal mining activities in Indonesia.
 
 Theoretical Framework: The mining industry plays a significant role in contributing to the national income. However, it is vital to acknowledge that mining activities can also have adverse effects on the environment, natural resource conservation, and even the overall economy of a country. One of the mining enterprises that can potentially give rise to these issues is unauthorized mining.
 
 Methods: Illegal mining is a transgressive activity that encompasses the essential components of a penal offense, hence necessitating the involvement of law enforcement agencies to safeguard the long-term viability of development in Indonesia. This study employs the Normative Research Method, specifically utilizing library materials as primary data sources in the science field. These materials are categorized as secondary data, and the research approach adopted is library research.
 
 Results: The findings of this study demonstrate the significant ramifications of illicit mining activities in Indonesia across three primary dimensions: economic, environmental, and social. The economic impact includes loss of state revenue and unfairness in business competition. Environmental impacts include ecosystem degradation, water and soil pollution, and threats to biodiversity.
 
 Conclusions: To overcome this problem, a responsive law enforcement approach is needed, including community involvement, flexibility in handling situations, prevention and education, transparency, collaboration, and adequate sanctions. With collaboration between government, communities, and stakeholders, Indonesia can achieve sustainable and equitable development while tackling illegal mining.

Pravni tretman insajderskih informacija prema novom zakonu o tržištu kapitala

The legal treatment of insider information must be carefully and precisely determined, given the considerable number of specifcs that accompany insider information and the multiple legal and economic consequences of its misuse. To the one who possesses it, insider information provides a signifcant advantage in terms of the disposal of the fnancial instruments to which it relates, in relation to investors in the same instruments to whom they are unknown. Since the advantage is based on an unjustifed information asymmetry, insider trading is an unfair market action, which requires a strong legal response in the form of a ban and adequate sanctions in case of ignoring it. The new Law on the Capital Market, the implementation of which has begun on January 6, 2023, brings certain changes in the legal treatment of insider information. Although the essence of the regulation of this institute remains the same, there is a noticeable harmonization of the regulations in this area with the regulations that exist within the framework of European Union law. The aim of this work is to analyze the current solutions, especially pointing out the introduced changes. The application of the comparative law method also contributes to the research results.

Justice for Nature: Integrating Environmental Concerns into Legal Systems for Adequate Environmental Protection

This research explores the importance of integrating environmental interests into the legal system, advocating justice for nature, and realizing a greener and more sustainable world. Based on a comprehensive literature review and critical analysis of relevant sources, this study identifies the key elements needed, namely effective environmental law enforcement mechanisms, active participation of stakeholders, and synergies that link community participation with environmental law awareness. A reliable law enforcement mechanism is a key pillar in environmental protection, involving a fair and efficient judicial process supported by robust law enforcement agencies and adequate sanctions. Stakeholders, including governments, law enforcement agencies, civil society, and the private sector, play a central role in policy formation, implementation monitoring, participation in decision-making, environmental advocacy, and increased awareness of environmental law. The combination of active community participation and environmental law awareness has a positive impact on maintaining environmental sustainability, with community participation covering environmental management, engaging in decision-making, and community empowerment. In contrast, environmental law awareness strengthens law enforcement, understands environmental rights and obligations, and encourages sustainable behavioral change. Thus, this comprehensive integration paves the way to a world in which the interests of nature are heard and protected, creating a more equitable and sustainable global ecosystem.

The Emerging Trends and Patterns of Non-State Actors Involvement in Crime Prevention and Control in South-West Nigeria: Old Wine in New Bottle

Globally, the use of formal security apparatus is approved standard of ensuring safety of lives and property in any sane society. The most developed countries of the world has fashioned out effective security control model to guarantee safety of lives and protection of citizens properties. This security measure is one of the many challenges confronting most developing nations including Nigeria.. It is a very serious problem when a country cannot protect the lives and properties of its citizens. It is even a bigger problem when the lives of its citizens mean nothing to the government of the day. The continuous incidence of boko-Haram and herdsmen attack, kidnapping, suicide bombing, violence and abduction is a clear indication that present government have failed its citizen in securing them and their valuable. This study examined the emerging trends and patterns on non state actor involvement in crime prevention and control in South-West Nigeria: An old wine in new bottle. The paper adopted the Karl Mark (1874) theory of exploitation as its theoretical current. The study made used of the survey research design. Sample size of 200 was determined using Yamane sample size technique. The cluster, simple random and purposive sampling techniques were used to select respondents for the study. The study made use of questionnaire and key informant interviews as instruments for data collection. Simple percentage tables and frequency were employed to present quantitative data. Qualitative data was analyzed using content analysis technique and ethnographic summaries. The results revealed that the Non state actors involvement in security via Amotekun has drastically reduced crime rate, safeguard lives and property, promote socio-economic development, exposes criminals, promote peace and unity amongst others. The paper recommended that the government must make security a top priority by providing all that is required to guarantee safety of lives and properties of its citizens’. The citizens must support the government and its agencies in all means possible to reduce crime rate in the area. Effective legislation, enforcement and adequate sanction should be advocated for those caught to be perpetrating crime or sabotaging crime prevention and control efforts of the government.

Promoting Sustainable Timber Harvesting Through National Forestry Act 1984

This study explored respondents’ perceptions regarding the adequacy of heavy, moderate and light punishment associated with offences under the National Forestry Act 1984 (Act 313) as the primary forestry law enforced in Peninsular Malaysia. It also examined the role of supervision and inspection in controlling illegal logging and forest offences as well as the adequacy of law provisions concerning inspections in logging area, in transit and in manufacturing premises. Questionnaires were distributed to seek responses from related stakeholders of forestry enforcement agencies. The output of data analysis indicated that an effective law should carry adequate sanctions in order to have the deterrence effect, scare prospective offenders and discourage repeated commission of the convicted offences. The outcomes of the survey revealed that as a whole, Act 313 was effective to control illegal logging. In the context of punishment, heavy punishment associated with serious offences was rated as effective compared to moderate and light punishment. Findings on specific aspects of legal provisions as identified in this study may provide awareness for relevant agencies for revisiting policies towards achieving sustainable timber harvesting.

Fenomen fragilnih država: Bosna i Hercegovina

The three key conditions for the existence of a state, according to the theory of state and law, are geographical territory, population and organized political power in that area. However, during the twentieth century in some African and Asian countries, due to various political, economic and other factors, problems began to appear in performance of their basic functions: ensuring public order and peace, providing health services, education. Modern science has introduced the term failed states to describe such countries. This scientific phenomenon has been the subject of numerous researches, and international organizations have been publishing annual indices of fragile, failed or unsuccessful world states for years. The first index of its kind was created in 2005 by the American non-profit organization The Fund for Peace in cooperation with the magazine Foreign Policy, which initially included 76 countries. The original term failed state was considered politically extremely incorrect, even when it referred to countries like South Sudan or Somalia, noting that such a term originated in the political terminology of developed countries by which all other countries at a lower level of development were considered to be failed ones. Therefore, in 2014, a new notion of a fragile state was created, and accordingly the existing index was renamed the Fragile State Index (FSI). This parameter determines the degree of fragility for each country on an annual basis, assessing four basic indicators: cohesion (functionality of the state apparatus), economic (overall economic situation), political (legitimacy of the state, availability of public services, respect for human rights and freedoms) and social (demographic structure of the community, number of displaced persons and refugees, external interventions). Based on the values of these indicators, countries are positioned in four groups: sustainable, stable, endangered and alarming. The paper also discusses Bosnia and Herzegovina as a potentially fragile state. Although it enjoys sovereignty and political independence, the 1995 Dayton Peace Agreement still provides for the strong participation of the international community in the performance of its basic state functions. Examples include the presence of international military and police forces from the early post-war years to the present (EUFOR), with a special emphasis on the position of High Representative for Bosnia and Herzegovina. The peace agreement gave him the status of his supreme interpreter, as well as the well-known Bonn powers that he used on several occasions to remove Bosnian political officials and the imposition of laws (Criminal Code of Bosnia and Herzegovina, Law on the Court of Bosnia and Herzegovina, Law on the Prosecutor's Office of Bosnia and Herzegovina) due to the inability of domestic parliamentary bodies to pass them independently. In addition to the extremely complicated constitutional structure, the functioning of Bosnia and Herzegovina is hampered by the inability to reach an agreement between political representatives on key issues in the country. In the first place, these are much-needed changes to the constitution of Bosnia and Herzegovina that would in the future allow members of minorities (Jews and Roma) to elect their own representatives in the Presidency of Bosnia and Herzegovina. In this regard, the European Court of Human Rights (ECtHR) in 2009 in the case of Sejdić-Finci assessed that the impossibility of minority participation in political decision-making is a gross violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Numerous international organizations, primarily Human Rights Watch, have been warning for years about other problems in the country: national segregation of children under two schools under one roof, numerous attacks on Bosniak returnees in Republic of Srpska without adequate sanctions and extreme slowness in war crimes proceedings and the administration of transitional justice with the emergence of increasingly frequent denials of war crimes and victims. Although more than 25 years have passed since the end of the war, the participation of the international factor is still noticeable, and in some cases necessary.

Does regulatory enforcement improve continuing disclosure? The municipal securities market case of the Municipalities Continuing Disclosure Cooperation (MCDC) initiative

PurposeThis paper analyzes the impact of increased federal regulatory enforcement from the SEC's Municipalities Continuing Disclosure Cooperation (MCDC) initiative on municipal debt issuers continuing disclosure practices.Design/methodology/approachWe analyze the changes in continuing disclosure practices by estimating a series of difference-in-differences regressions based on variables representing issuers' changes in regulatory risk after the MCDC. The continuing disclosure data are hand-collected for 827 cities over a seven-year period.FindingsThe empirical findings indicate that increased regulatory enforcement has a significant impact on continuing disclosure compliance. We find increased enforcement has no impact on issuers that already have a higher probability of being monitored by federal regulators. We also find that an increase in continuing disclosure compliance does not automatically increase continuing disclosure timeliness.Practical implicationsThe MCDC lacks monetary penalties for noncompliant bond issuers and no direct regulatory consequences exist for untimely disclosure. Our findings suggest that regulatory enforcement should be followed by adequate sanctions to emphasize the credibility of the enforcement threat and the SEC should consider requiring bond issuers to commit to the timely disclosure of significant information in offering documents.Originality/valueThis paper extends prior studies by analyzing regulatory risk in the market, and the ability of regulation to reduce disclosure compliance deficiencies in the municipal market. By focusing on the MCDC, this study is able to disentangle the impact of regulatory enforcement from the changes in accounting regulation.

Meeting the Challenges of Twenty-First Century Civil Aviation: A Review of Nigeria’s Civil Aviation Policy Experience

An examination into Nigeria’s civil aviation policy has become necessary, considering the many challenges facing civil aviation in the country. This situation has questioned the capacity of the legal instruments on aviation to guide the industry. Using qualitative methodology, the study seeks to identify some of the challenges that plague civil aviation in Nigeria and determine whether the Nigerian civil aviation policy and legislation is comprehensive enough to manage these challenges. According to the study, the deregulation policy has done more harm than good by encouraging the sharp practices that exist in the industry. This situation is further exacerbated by many other challenges such as the lack of operational and financial autonomy for the Nigerian Civil Aviation Authority (NCAA), poor funding of the industry, the Nigerian factor of corruption and lack of maintenance culture, shortage of skilled technical manpower, human error, and poor emergency response system. A review of relevant subsisting civil aviation legislation and policy has shown that international standards and best practices have, been domesticated to an acceptable level. Hence, the Nigerian civil aviation policy and regulations are comprehensive enough to manage the aforementioned challenges. The study recommends that full autonomy should be granted the NCAA, not just on paper but in practice; that adequate sanctions should be meted out to any operator or personnel who flouts safety standards, no matter who is involved; and that international safety provisions not contained in local civil aviation legislation be expressly domesticated.

Dysfunctionality of the family environment as one of the reason for recidivism

The family as a basic social cell, the first human life environment, plays a fundamental role in securing needs, transferring social patterns and protecting its members. Taking into account the different family models that exist in the modern world, apart from traditional and reconstructed families, we also distinguish dysfunctional families, which does not immediately mean that they are pathological ones. Properly populating parental functions is one of the most important tasks of the family. It is a family that creates educational, caring and socializing environment for a child, where the characteristics of its personality and identity are evolving, as well as social norms are assimilated and associated with adequate sanctions. Family type and model can have a significant impact on the emergence of criminal behavior in adulthood. The author’s studies in the years 2007–2011 show that family relationships are the most significant factor in the biographies of prisoners. Besides, it has been shown that to start criminal activities and subsequent returns to such activities, they correlate with educational problems and numerous addictions in the family (from alcohol, drugs, psychoactive substances, gambling, etc.). The dysfunctions that arise as a result of the socialization process and the building of daily relationships can be linked to the entry into the criminal way of a young man, and thus foster a return to negative habits and recidivism in the future. The article aims to show the relationship between the being brought up in the dysfunctional family and the entrance to a criminal path, which may also be regarded as one of the causes of later recidivism of individuals.

Factors affecting quality management practices on building construction sites in Nigeria

This research evaluates the factors affecting quality management practices on building construction sites with a view to improve quality management on building construction sites. To achieve the aim a convenient sampling technique was used to select the construction sites within the study area, The sampling frame comprise the professionals in the built environments such as Architect, Quantity surveyors, Builder and the Engineers working on each site. A total number of 88 questionnaires was administered out of which 63 was returned completed representing 78.75 response rate. The Statistical Package for Social Science (SPSS) software version 21.0 was used to analyze the data. The result of the analysis showed that lack of adequate sanction by the standard assurance organization, non-implementation of National Building Code were among the topmost factors affecting quality management on construction sites in Oyo State. The study concludes that most of the factors affecting effective project quality management in Oyo State were generated by the government, professionals, quality organization agencies construction workers and other stakeholders in construction industry. The study recommends that adequate sanction should be impose on the non-compliance of quality by the standard assurance organization.

Free Will, Action and Responsibility: Philosophical and Legal Analysis

The paper provides an analysis of the main approaches to the interpretation of volitional actions in analytical legal philosophy, in the context of legal responsibility and discussions about free will. The most famous examples of the possibility of applying the neuroscience arguments in legal philosophy, in particular when assessing the effect of a volitional act performed consciously on human behavior, are considered. The paper argues that the philosophical argumentation in Gilbert Ryle's logical behaviorism can be used as a rational approach to refute neuroscience data and interpret actions correctly, in terms of legal language. In legal philosophy, the question of the applicability of legal responsibility for an offense committed by a subject is of fundamental importance. On the one hand, a state's use of coercion is aimed to support the regime of legitimacy and encourage lawful actions. However, the justifiability and adequacy of the sanctions and punishments applicable to the subjects of the offenses remain the topic of philosophical and legal discussions. To what extent may discoveries in neuroscience affect a final conclusion supported by arguments? Is there a real need to re-evaluate the degree of freedom of an individual in making a rational moral and legally significant choice of behavior? In the theory of legal responsibility, there are two traditional approaches to explaining the meaning of applying punishment to a person who has committed a crime or an offense. The first approach was called consequentialism, as its name suggests, the use of punishment for an offense results in the beneficial social consequences. When punishing the consequences, state intentions are aimed at preventing the illegal actions in the future and to facilitate the rehabilitation effect, which eliminates the consequences of the offense committed. The second approach , known as retributivism, is based on the need for adequate sanctions for the criminal act committed. The offender deserves a punishment, and its application sends a clear signal to society that punishment is inevitable, and it is a basic principle of the legal system.

Safe credit to the poor: The role of anti‐usury policies

AbstractUsury regulations focus both on explicit recommendations, such as disclosure statements in lending acts or interest rate caps, and on incentives for the formal banking sector to reach the poor. Considerable attention is also devoted to adequate sanctions for the practice of usury. We propose a theoretical model to investigate where to direct reforms to curb usury. Our primary policy implication is the convenience of polarizing the allocation of public resources in either legal safeguards for formal lenders or sanction enforcement against usurers. Furthermore, we demonstrate that in developing countries such policy interventions may backfire when borrowers' higher wealth implies increasing inequality in its distribution. Therefore, countries undertaking reforms against predatory lending should be aware of their growth path during transition.

Novčana kazna u savremenom krivičnom pravu

Since times immemorial, crimes against property have always been the most frequent offences, both in the national and comparative law systems. For this reason, all criminal legislations prescribe different types of punishment and property-related criminal measures as an efficient social response to crimes against property. In the criminal law of the Republic of Serbia, the property-related penalties and measures that affect the perpetrator's property include: 1) a fine and confiscation of property (as envisaged penalties); 2) a safety measure involving the confiscation of objects, 3) the measure of confiscation of financial benefit derived from the commission of a criminal offence; and 4) the measure of confiscation of property derived from the commission of a criminal offence. A fine is one of the oldest forms of punishment, which has been envisaged in all modern criminal legislations (including the Serbian legislation) and in some international documents as the adequate sanction (penalty) against the perpetrators of property-related crimes. In this paper, the author discusses the concept, characteristics, content, types, legal nature, effects, and the process of imposing and execution of this criminal penalty. All contemporary criminal laws provide various penalties and measures for suppression and prevention of crime in general, and crimes against property in particular. Nowadays, property-related crimes are prevalent in the structure of modern criminality. Criminal sanctions depend on the specific nature and distinctive characteristics of crimes against property and their perpetrators. A fine is a specific kind of sanction that may be prescribed as a principal and/or accessory property -related penalty, which has a repressive but also highly preventive impact. In all contemporary states, crimes against property prevail in terms of the total number of committed acts, their perpetrators, consequences, the scope and intensity of social danger, recidivism, and other features. In order to suppress crime in general, and crimes against property in particular, various social (primarily state) agencies at all social levels have applied different measures, instruments and procedures. All of them may be divided into preventive and repressive ones. The Serbian criminal legislation envisages two forms of fine: a) a fine in daily amounts, and b) a fine in fixed/specified amount (the Criminal Code 2005), which may be awarded to the perpetrators of property-related crimes depending on the nature, characteristics, significance and effects of the committed criminal act.

Addressing the Implementation Challenges of Institutional Obligations and Reporting Requirements under the Nigerian Freedom of Information Act 2011

Access to information is critical to the realisation of an accountable government. The enactment of Nigeria’s Freedom of Information Act in 2011 ushered in a fresh hope of imminent victory over the culture of secrecy that had always defined the Nigerian public service. The Act provides for public acess to public record and information; obligates public institutions to maintain records and allow public access to information, among other things. It establishes procedures for the achievement of these purposes. This paper examines the institutional and reporting requirements provisions, which constitute part of the goal of the Act to enhance the availability and accessibility of public records and information. The paper finds that, lofty as these provisions are, there are gaps in the law. These gaps include ambiguity in some of the provisions and failure to provide requisite sanctions for noncompliance with certain provisions of the law. There are also the challenges of the pervasive culture of not keeping record by public institutions and lack of sufficient will on the part of the Attorney-General of the Federation and Minister of Justice, who is the chief implementing officer of the Act, to ensure the success of the goal of the Act. In order to address these challenges, the paper recommends, among others, that the identified gaps be filled, adequate sanctions be provided for noncompliance with relevant provisions of the law while the few sanctions already provided for in the Act should be effectively enforced.

The EU's Fight Against Corporate Financial Crime: State of Affairs and Future Potential

AbstractConsidering the European Union's efforts to tackle various forms of financial crime more effectively, especially since the financial crisis of 2008, one would expect that the Union has also been strengthening its grip on national law with respect to corporate financial crime. Instead, this Article finds that the EU approach to corporate financial crime has actually not evolved that much over the past two decades. Moreover, this Article demonstrates that EU law still fails to sufficiently take into account the specific features of corporate entities (as opposed to individuals), as well as to fully exploit the potential strengths of a criminal law approach, as opposed to an administrative or civil law approach. In the author's view, the EU should more carefully consider the objectives and strengths of different kinds of enforcement mechanisms and adopt a more coherent approach, particularly with respect to corporations. Furthermore, when it comes to corporate punishment, the EU seemingly lacks ambition and creativity. EU legal instruments focus strongly on fines while insufficiently exploring other, potentially more adequate sanctions to achieve certain punishment goals. Ultimately, this may undermine the effectiveness of the EU's fight against corporate financial crime.

Legally Binding of the World Trade Organization Dispute Settlemet Body’s Decision

Dispute settlement system of the WTO DSB can be categorized as a judicial dispute settlement system. Decision (rulings and recommendations) in a dispute settlement made by the WTO DSB is binding and should be performed. In some cases, decisions made by the WTO DSB were not performed, and there is no sanction against the non-compliance with the decisions. The objective of this study is to analyze the legally binding character of the WTO DSB’s decision as a decision of a judicial organ. From the data analysis, it can be concluded that the WTO does not provide adequate sanctions against the non-compliance with the DSB’s decision. It leads to the interpretation of the DSB’s decision is international soft law norm which is not legally binding. Moreover, it can hamper the enforcement of the WTO Agreement and the achievement of the WTO’s goals. The WTO judicial system should be strengthened and improved by creating WTO independent court or tribunal, which has authority to make legally binding decision as international hard law.

A Behavioural Approach to Administrative Corruption Prevention

A deterrence-based approach to corruption based on rationality emphasizes the role of adequate sanctions and controls to prevent corruption. This traditional approach is questioned by the cognitive sciences which describe real people whose decision are affected by bias, heuristics and the choice of peers. The paper shows that both pillar of corruption prevention through regulation - good quality regulation and strict anti-corruption rules such as whistle-blower protection, staff rotation, and transparency in the public sector - should be enriched by findings about how real people think and behave. In order to create a more effective legislative framework of corruption prevention, two questions will be explored: How should regulatory impact assessment tool evolve in order to take into account people’s cognitive limitations? Examples of a cognitive-based RIA of whistle-blower and staff rotation regimes will be given. How should transparency in the public sector - including disclosure compliance records - be provided in order to contribute to limiting administrative corruption?