Brief December Edition

Page 49

The Rise of Global Strategic Corruption By Philip Zelikow, Eric Edelman, Kristofer Harrison, and Celeste Ward Gventer Published by foreignaffairs.com, July/August 2020. Republished with permission. Graft is nothing new; it may be the secondoldest profession. Powerful people and those with access to them have always used kickbacks, pay-to-play schemes, and other corrupt practices to feather their nests and gain unfair advantages. And such corruption has always posed a threat to the rule of law and stood in the way of protecting basic civil and economic rights. What is new, however, is the transformation of corruption into an instrument of national strategy. In recent years, a number of countries— China and Russia, in particular—have found ways to take the kind of corruption that was previously a mere feature of their own political systems and transform it into a weapon on the global stage. Countries have done this before, but never on the scale seen today. The result has been a subtle but significant shift in international politics. Rivalries between states have generally been fought over ideologies, spheres of influence, and national interests; side payments of one kind or another were just one tactic among many. Those side payments, however, have become core instruments of national strategy, leveraged to gain specific policy outcomes and to condition the wider political environment in targeted countries. This weaponised corruption relies on a specific form of asymmetry. Although any government can hire covert agents or bribe officials elsewhere, the relative openness

and freedom of democratic countries make them particularly vulnerable to this kind of malign influence—and their nondemocratic enemies have figured out how to exploit that weakness. Th fight against corruption has generally been marginalized in public and academic discussions of foreign policy. The problem is usually treated as a law enforcement challenge or a good-government issue— something that holds back political or economic development but that does not rise to the level of national strategy. Today, however, weaponised corruption has become an important form of political warfare. Defences against it must move into the mainstream of international policy work in every vulnerable government, including in the United States.

Corruption Eruption Strategic corruption differs in important ways from the more traditional forms that scholars call “bureaucratic corruption” and “grand corruption.” Bureaucratic corruption is the pervasive conversion of ordinary public service into a “bid for service”: for example, in many countries, simple steps such as getting a driver’s license or passing a building inspection require paying a bribe. This is the sort of graft that hobbles economic development by allowing well-connected insiders to profit from investment at the expense of genuine growth. Grand corruption occurs when business leaders or major criminals (or oligarchs, who are a combination of the two) directly pay off top government officials in exchange for favours, such as a preferential position or control of a key economic sector that presents

opportunities for high-margin plunder— often banking, telecommunications, or natural resources such as oil and gas. Both forms of traditional corruption erode weak states, leading to breakdown and civil conflict—a process playing out right now in countries such as Algeria, Bolivia, Iran, Iraq, Lebanon, and Venezuela. In bureaucratic and grand corruption, the payer and the payee are mainly just trying to get rich. In strategic corruption, by contrast, the greed is still there, for at least some of the players, but the corrupt inducements are wielded against a target country by foreigners as a part of their own country’s national strategy. Sometimes, but not always, these schemes entail violations of the law, including by citizens of the target country. In other cases, the conduct may be technically legal but still involves “the perversion or destruction of integrity in the discharge of public duties,” as the venerable Oxford English Dictionary’s definition of “corruption” puts it. For that reason, some corrupt acts are punishable by law; other kinds must be left to the judgment of citizens, if they are brought to light. The first great effort to counter strategic corruption in the United States sought to do just that. The Foreign Agents Registration Act (FARA), signed into law in 1938, arose from congressional investigations into communist and Nazi propaganda in the United States. The law required representatives of foreign sponsors to register, allowing what the legislation’s authors called “the spotlight of pitiless publicity” to do its work. In the 1960s, more congressional investigations led to a set of major

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December Cartoon

1min
page 85

Event Wrap-up: Mock Trial Grand Final

5min
pages 70-72

Young Lawyers Black Tie Ball - A night to remember

1min
pages 14-17

Member Privileges

2min
page 83

Quirky Cases

4min
page 84

Law Council Update

9min
pages 86-87

Family Law Case Notes

15min
pages 81-83

Federal Court Judgments

21min
pages 77-80

High Court Judgments

9min
pages 75-76

WA Case Notes

8min
pages 73-74

Ethics Column

4min
page 58

YLC Section

7min
pages 60-69

An Interview With Dr Ben Gauntlett

5min
page 59

Personal Costs Orders Against Legal Practitioners Under the Uniform Law

10min
pages 55-57

The Rise of Global Strategic Corruption

26min
pages 49-54

Annual Report

12min
pages 9-13

Public Sector Corruption and the Corruption and Crime Commission

7min
pages 46-48

Special Feature: The Law, Philanthropy and Shark Wrestling - In conversation with The Honourable Malcolm McCusker AC QC

1hr
pages 34-44

Editor’s Opinion

10min
pages 7-8

Special Feature: Human Rights

1hr
pages 18-33

A Brief Introduction to the Law Library

3min
page 45

President’s Report

8min
pages 4-5

Law Access Awarded UNAAWA Human Rights Award

4min
page 33
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