Les faits de corruption à l’échelle internationale : le rôle des pouvoirs publics canadiens et des outils de soft law

Abstract

Effective action against international corruption requires the criminalization of the targeted behaviors and the enforcement of repressive measures to make such practices less attractive. This is the model adopted by Canada in 1998 through the Corruption of Foreign Public Officials Act and through amending the Criminal Code in 2004, establishing accountability for the acts of organizations and for the intentions of their "senior officers". In parallel, different multilateral agencies (the OECD, the UN, the G20) have developed anti-corruption standards over the years to promote better social responsibility practices within multinational corporations. Beyond the adoption of state, multilateral or international regulation, the success of the fight against corruption also seems to lie in the adoption, within organizations and companies active at the international level, of a compliance policy and an internal management system whose purpose is to prevent, detect and fight against corruption. This requires more broadly to alter the consciousness of social actors via
the establishment of a more ethical organizational culture, from top to bottom in a company, but also a more transparent culture on the part of economic operators and public authorities.