Criteria for Evaluation

Abstract

This chapter sets out the criteria for evaluation of transnational bribery law. The UN Convention against Corruption suggests that the law ought to address the problems posed by bribery effectively and efficiently in a manner compatible with due process. Legitimacy and fairness are also potentially relevant. In order to apply these precepts, the chapter considers the nature of the problems posed by bribery, how to measure the progress in mitigating those problems, and then defines the concepts of effectiveness, efficiency, due process, legitimacy, and fairness. Effectiveness can be defined in many different ways depending on whether one focuses on impacts on victims, wrongdoers, and potential victims or wrongdoers. These distinctions correspond to three traditional objectives for legal regulation, namely, compensation, condemnation, and prevention. It is also necessary to distinguish impacts on fellow nationals and foreigners.