Examinando por Materia "Mecanismos complementarios"

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    Sistema de cumplimiento anticorrupción : un mecanismo complementario para la admisibilidad de reclamaciones ante el Centro Internacional de Arreglo de Diferencias Relativas a Inversiones – CIADI
    (Universidad EAFIT, 0002) Cervantes Martínez, Susana; Lorenzoni Escobar, Lina; Pereira Fredes, Esteban
    This article will delve into the problem of the phenomenon of corruption and the consequences it generates within the international investment arbitration, with the aim of advocating for the strengthening of such systems in anti-corruption matters as a complementary measure ex ante to other soft law tools, aimed at reducing the risk of inadmissibility of applications filed by companies before the International Centre for Settlement of Investment Disputes - ICSID, due to allegations of corruption against them. For this purpose, the methodology implemented is based on legal research, due to the fact that an exhaustive search of formal and soft law sources will be carried out, with the objective of making visible the existing regulations on corruption and raise key elements on the way in which companies can approach their anti-corruption compliance systems. Among the first findings, it can be mentioned that, even though corruption is a behavior that has been manifested since the beginning of civilizations, currently it has not been possible to establish efficient legal mechanisms to combat, punish and eradicate it, generating that the fight against this phenomenon is becoming increasingly relevant both nationally and internationally. This reveals the relevance of integrating complementary tools that reinforce each other in the management and containment of corruption.