University:
University College London
Course:
LAWS0014 | European Union Law
Academic year:

2024
Views:

140

Pages:

2
Author:

Nam B.

Name : Date : 1. What makes the OECD a unique actor in the supranational rule of law framework? Answer: Unlike the EU or ECtHR, the OECD does not have coercive legal authority. However, it functions as a global policy norm-setter, creating soft law instruments like recommendations and peer review systems that influence national governance. Its legitimacy stems from technical expertise, consensus building, and its ability to shape the global policy discourse. 2. How does the OECD combat corruption and promote integrity through legal instruments? Answer: The OECD uses conventions (e.g., the Anti-Bribery Convention), recommendations, and peer-review reports. These outline good practices and minimum standards in areas such as asset disclosure, conflict of interest, and anti-bribery enforcement. While non-binding, these tools carry significant weight in guiding national reform agendas and international cooperation. 3. What is the role of the OECD Working Group on Bribery? Answer: It monitors the implementation of the Anti-Bribery Convention through a rigorous peer-review process in multiple phases. This ensures transparency, exposes implementation gaps, and provides concrete recommendations. Crucially, countries cannot veto negative findings about themselves, ensuring greater objectivity than many intergovernmental bodies. 4. How does the OECD ensure compliance without legal enforcement? Answer: Through reputational accountability. Publicly available peer-review reports expose countries to international scrutiny. Moreover, states are incentivized to comply to avoid falling behind in global rankings, losing investor confidence, or facing diplomatic criticism—thus demonstrating the power of soft law mechanisms. 5. In what way does the OECD address public procurement and lobbying risks? Answer: The OECD provides targeted recommendations to ensure transparency in procurement processes and to regulate lobbying activities. It advocates for clear rules, integrity standards, and mechanisms like MAPS (Methodology for Assessing Procurement Systems) to help governments identify weaknesses and adopt reforms tailored to local realities. 6. What challenges does the OECD face in influencing diverse legal systems? Answer: The voluntary nature of its instruments can limit impact where political will is lacking. Moreover, aligning its normative frameworks with different governance models, especially in countries outside the Western liberal tradition, poses structural and cultural challenges. Yet, its adaptability and focus on data-driven analysis help bridge these gaps.