Resolving corporate bribery through deferred prosecution agreements:Lessons from the US, UK and France for China

While bribery is designated as a criminal offense in most jurisdictions, the enforcement of anti-bribery laws in the corporate context is far from satisfactory. The weak enforcement can be mainly attributed to the practical challenges of doing so. Benefiting from deferred prosecution agreements (DPAs), the U.S., UK and French authorities have significantly ramped up their anti-bribery enforcement and encouraged corporate self-policing activities. Inspired by the foreign DPA developments, China’s prosecutorial authorities have been actively promoting the compliance non-prosecution program (CNP) since 2020. Introduced amid the Covid-19 pandemic and the ever-intensive U.S.-China trade conflicts, the CNP aims to mitigate the adverse economic implications of corporate criminal enforcement and foster corporate compliance.Combining legal doctrinal research, comparative research and insights from the law and economics literature, this thesis provides an overview of the DPA regimes in the U.S., UK and France and the CNP in China. It analyzes the advantages and weakness of the DPA programs in the three jurisdictions, aiming to draw lessons for developing the Chinese version of DPA program to address corporate bribery. Meanwhile, it also identifies the reasons for the inactive role played by the corporations in China’s anti-bribery movement and the challenges caused for the authorities in the anti-bribery enforcement. It is proposed that a Chinese version of DPA program be established based on the existing CNP to resolve corporate bribery cases. When designing and applying the Chinese version of DPA program and complementary regimes, special attention should be paid to deterrence, rehabilitation, and individual accountability.<br/

Resolving corporate bribery through deferred prosecution agreements:Lessons from the US, UK and France for China

While bribery is designated as a criminal offense in most jurisdictions, the enforcement of anti-bribery laws in the corporate context is far from satisfactory. The weak enforcement can be mainly attributed to the practical challenges of doing so. Benefiting from deferred prosecution agreements (DPAs), the U.S., UK and French authorities have significantly ramped up their anti-bribery enforcement and encouraged corporate self-policing activities. Inspired by the foreign DPA developments, China’s prosecutorial authorities have been actively promoting the compliance non-prosecution program (CNP) since 2020. Introduced amid the Covid-19 pandemic and the ever-intensive U.S.-China trade conflicts, the CNP aims to mitigate the adverse economic implications of corporate criminal enforcement and foster corporate compliance.Combining legal doctrinal research, comparative research and insights from the law and economics literature, this thesis provides an overview of the DPA regimes in the U.S., UK and France and the CNP in China. It analyzes the advantages and weakness of the DPA programs in the three jurisdictions, aiming to draw lessons for developing the Chinese version of DPA program to address corporate bribery. Meanwhile, it also identifies the reasons for the inactive role played by the corporations in China’s anti-bribery movement and the challenges caused for the authorities in the anti-bribery enforcement. It is proposed that a Chinese version of DPA program be established based on the existing CNP to resolve corporate bribery cases. When designing and applying the Chinese version of DPA program and complementary regimes, special attention should be paid to deterrence, rehabilitation, and individual accountability.<br/

The Proceedings of the International History of Public Relations Conference 2012. Bournemouth University, 11-12 July 2012

Papers, keynote address and presentations from IHPRC 201

Reassembling Scholarly Communications: Histories, Infrastructures, and Global Politics of Open Access

The Open Access Movement proposes to remove price and permission barriers for accessing peer-reviewed research work—to use the power of the internet to duplicate material at an infinitesimal cost-per-copy. In this volume, contributors show that open access does not exist in a technological or policy vacuum; there are complex social, political, cultural, philosophical, and economic implications for opening research through digital technologies. The contributors examine open access from the perspectives of colonial legacies, knowledge frameworks, publics and politics, archives and digital preservation, infrastructures and platforms, and global communities. he contributors consider such topics as the perpetuation of colonial-era inequalities in research production and promulgation; the historical evolution of peer review; the problematic histories and discriminatory politics that shape our choices of what materials to preserve; the idea of scholarship as data; and resistance to the commercialization of platforms. Case studies report on such initiatives as the Making and Knowing Project, which created an openly accessible critical digital edition of a sixteenth-century French manuscript, the role of formats in Bruno Latour's An Inquiry into Modes of Existence, and the Scientific Electronic Library Online (SciELO), a network of more than 1,200 journals from sixteen countries. Taken together, the contributions represent a substantive critical engagement with the politics, practices, infrastructures, and imaginaries of open access, suggesting alternative trajectories, values, and possible futures

Pyrrhic Progress

Pyrrhic Progress analyses over half a century of antibiotic use, regulation, and resistance in US and British food production. Mass-introduced after 1945, antibiotics helped revolutionize post-war agriculture. Food producers used antibiotics to prevent and treat disease, protect plants, preserve food, and promote animals’ growth. Many soon became dependent on routine antibiotic use to sustain and increase production. The resulting growth of antibiotic infrastructures came at a price. Critics blamed antibiotics for leaving dangerous residues in food, enabling bad animal welfare, and selecting for antimicrobial resistance (AMR) in bacteria, which could no longer be treated with antibiotics. Pyrrhic Progress reconstructs the complicated negotiations that accompanied this process of risk prioritization between consumers, farmers, and regulators on both sides of the Atlantic. Unsurprisingly, solutions differed: while Europeans implemented precautionary antibiotic restrictions to curb AMR, consumer concerns and cost-benefit assessments made US regulators focus on curbing drug residues in food. The result was a growing divergence of antibiotic stewardship and a rise of AMR. Kirchhelle’s comprehensive analysis of evolving non-human antibiotic use and the historical complexities of antibiotic stewardship provides important insights for current debates on the global burden of AMR