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Key Note Presentation: Everything You Always Wanted to Know About Foreign Bribery and Corruption but Were Afraid to Ask - WAMR 2015 Vol. 9, No. 3
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19687
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Originally from World Arbitration and Mediation Review (WAMR)
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I have to say that I am not an arbitrator. I am not a specialist in arbitration. I am not counsel in arbitrations. I am not in law enforcement, and I am not even a national regulator.
So, why have I been invited to be the keynote speaker? Complain to Lucinda Low. But perhaps the reason was because I have the privilege to be the General Counsel of the Organisation for Economic Co-operation and Development (OECD), which has been extremely active in this area for the last 20 years.
The topic this morning is a difficult one. If you are an arbitrator it is something that complicates your life for all the reasons Lucinda explained. However, let us not forget that: “The pessimist sees difficulty in every opportunity; an optimist sees opportunity in every difficulty.”1 So let us be optimists. Even if there are difficulties, let us look at the opportunities that this area gives arbitrators and international justice.
Let us start from the beginning. Lucinda explained that 20 years ago the landscape was completely different from today. 20 years ago, in 1995, it was very simple. There was no international legal framework on corruption and bribery, period.
There was not one single treaty dealing with corruption and bribery. If we look at transnational bribery, there was no legislation anywhere in the world, except in the U.S. This was only 20 years ago.
NICOLA BONUCCI is the OECD's Director for Legal Affairs and the coordinator for accession. He joined the OECD in 1993 as a Legal Counselor, served as Deputy Director from 2000 until becoming Director in 2005. He focuses on general public international law issues, participating in the negotiation of international agreements, interpreting the basic texts of the Organization, and providing legal opinions to the senior management (The Secretary-General and his Deputies), the Council (the governing body of the OECD), and its subsidiary bodies. He plays an active role in the drafting and the negotiation of the OECD legal instruments. Since 1997 Mr. Bonucci has been closely involved in the monitoring and follow-up of the OECD Anti-Bribery Convention and is a regular speaker in international conferences on this subject. Prior to joining the OECD, Mr. Bonucci served as a Legal Officer with the UN Food and Agriculture Organization (FAO) where he provided developing countries, especially those in Africa, with legal assistance on natural resources law. Mr. Bonucci holds a DEA in Public International Law from the University of Paris X Nanterre, a DESS in International Administration from the University of Paris IIAssas, and a Master of International and Comparative Law from the University of Notre Dame.
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