Effectuating international law against corruption: Behavioral insights
- Autores: Anne Van Aaken
- Localización: International journal of constitutional law, ISSN 1474-2640, Vol. 22, Nº. 2, 2024, págs. 562-584
- Idioma: inglés
- Enlaces
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Resumen
Abstract International law against corruption is mainly based on individualized criminalization and deterrence, including legal persons. Implicitly, since corruption is a white-collar crime, the conventions assume self-interested rational actors. That was the state-of-the-art thinking when the international conventions against corruption were developed around the turn of the millennium. This is the correct starting point but has failed to deliver the expected results. The United Nations (UN) has turned to behavioral science but the UN Office for Drugs and Crime (UNODC) is lagging behind and behavioral approaches have played a minor role. I submit that they can enrich the set of instruments by using (social)psychological insights. This article discusses additional tools based on behavioral insights and new social science methods used to gain a more holistic understanding of corruption. It makes concrete substantive and institutional suggestions for fighting corruption which could be taken up by UNODC and in international (soft) law. It also discusses the limitations.
