University of Bologna Law Review https://bolognalawreview.unibo.it/ <p>The <strong>University of Bologna Law Review – ISSN 2531-6133 (Online)</strong> is a gold open access and double blind peer-review legal journal run by University of Bologna School of Law students, and published by the Department of Legal Studies of the AMS University of Bologna (Italy). </p> en-US <p>The copyright of all the manuscripts on this journal belongs to the respective authors.</p><div><a href="http://creativecommons.org/licenses/by/4.0/" rel="license"><img src="https://i.creativecommons.org/l/by/4.0/88x31.png" alt="Creative Commons License" /></a></div><p>This journal is licensed under a <a href="http://creativecommons.org/licenses/by/4.0/" rel="license">Creative Commons Attribution 4.0 International License</a> (<a href="http://creativecommons.org/licenses/by/4.0/legalcode">full legal code</a>). <br /> See also our <a href="/about/editorialPolicies#openAccessPolicy">Open Access Policy</a>.</p> bolognalawreview@unibo.it (Editorial Office ) ojs@unibo.it (OJS Support) Tue, 22 Nov 2022 19:49:31 +0100 OJS 3.2.1.4 http://blogs.law.harvard.edu/tech/rss 60 Beyond ”Equity”: The Continued Search for Guilding Principles of Transnational Anti‐Corruption Investigations https://bolognalawreview.unibo.it/article/view/15893 <p>The recent global proliferation of domestic anti-corruption laws intended to have extraterritorial application has led to circumstances where multiple states seek to enforce their anti-corruption laws against the same entities based on the same set of facts. This work examines the development of these transnational enforcement circumstances, as well as the attendant policy complications, and poses the following research question: when approaching multi-jurisdictional anti-corruption enforcement efforts, have enforcement agencies developed a set of principles beyond general “equity” to inform their decisions about when and how to cooperate in investigations and coordinate and structure appropriate transnational anti-corruption settlement penalties? To attempt to answer this question, this work evaluates the context of these enforcement developments, recent transnational anti-corruption resolutions and interviews with former and current anti-corruption prosecutors from various states. The work concludes that the following guiding principles are emerging: (1) enforcement agencies seek to coordinate and cooperate during the investigatory stage if the benefits of cooperation outweigh the costs; (2) enforcement agencies seek to coordinate resolutions with enforcement agencies from other appropriate states recognition of jurisdictional nexuses and development of global anti-corruption efforts; (3) enforcement agencies utilize crediting of penalties and profit disgorgements paid to other states to both maintain domestic statutory enforcement and consistency and to encourage anti-corruption capacity building and future voluntary self-reporting by offending entities; (4) enforcement agencies consider “side-stepping” to encourage anti-corruption capacity building and future voluntary self-reporting by offending entities; and (5) enforcement agencies consider deference to other states for monitoring purposes to encourage anti-corruption capacity building. The identification of these emerging principles may provide additional insight into the investigation and resolution process and may inform entities and corporate counsel as they navigate potential transnational anti-corruption exposure.</p> Matthew J. Feeley Copyright (c) 2022 Matthew J. Feeley https://creativecommons.org/licenses/by/4.0 https://bolognalawreview.unibo.it/article/view/15893 Thu, 08 Dec 2022 00:00:00 +0100 Former British Colonies: The Constructive Role of African Courts in the Development of Private International Law https://bolognalawreview.unibo.it/article/view/15830 <p>Significant strides have been made in efforts to facilitate the resolution of international disputes in Africa. However, cross-border issues that concern private litigants have remained challenging. One major reason is the legal history of relevant countries which often makes it difficult to contextualize legal principles inherited before independence. It is sometimes unclear how African courts determine the current law and how their discretionary powers should be used. This challenge is complicated where scholars focus on what they consider that the law ought to be without first accepting what the law is. Any sustainable growth of private international law requires a systematic approach to legal developments. Using the main comparators of South Africa and Nigeria, this article examines the connections between legal traditions and the legal methods that are required to ensure that there is a sustainable development of private international law in Africa. The core enquiry is set on a tripartite structure. Law in context, fidelity to context and functionalist approaches are essential elements that should drive the resolution of disputes in private international law matters. A dominant theme is how the recognition and enforcement of foreign judgments should be examined through appropriate interpretational mechanisms.</p> Pontian Okoli Copyright (c) 2022 Pontian Okoli https://creativecommons.org/licenses/by/4.0 https://bolognalawreview.unibo.it/article/view/15830 Tue, 22 Nov 2022 00:00:00 +0100