Concluding Thoughts

Abstract

This chapter proposes a path to reconciliation between the OECD paradigm and the anti-imperialist critique. The premises are that: (1) transnational bribery is a significant problem, but (2) reasonable people can and will disagree about the appropriate legal responses. Left unresolved, those disagreements threaten to compromise effectiveness, efficiency, fairness, legitimacy, and due process. This implies that architects of transnational bribery law ought to develop mechanisms that reduce the scope for disagreement about appropriate legal interventions, identify reasonable disagreements that ought to be tolerated, and offer a legitimate process for determining how to overcome disagreements that stem from unreasonable objections.