Notes
1. For a review of the challenges faced by the European Union, see Mitsillegas and Gilmore (2007).
2. For the legal framework in selected jurisdictions, see Pieth and Aiolfi (2004).
3. A new book on the law on corruption in Singapore states that perhaps no single element has
given rise to more litigation and jurisprudence than the term “corruptly” as used in the
Prevention of Corruption Act (Gin, 2007).
4. See, for instance, Bank of Credit and Commerce International (Overseas) Ltd v. Akindele
[2000] 4 All E R 221 and Thomas (2001). Thomas supports the view that the test of
unconscientiousness or unconscienability is preferable to a test based on knowledge, e.g. a
defendant should not be regarded as acting unconscionably in a cash transaction unless the
transaction is so objectively suspicious that a risk averse defendant would refuse to engage
in it.
5. See, for instance, UNESCAP, “What is good governance?” (www.unescap.org).
6. For an example of a voluntary code see Jayasuriya (2007).
7. Firms need to invest millions of dollars to purchase and update software systems. Even
routine tasks such as identity checking of overseas unlisted companies add to the cost of
compliance (Young and Cafferty, 2005, p. 87).
8. In her “Foreword” to Graham et al. (2003), Carol Sergeant of the FSA has underlined the need
to accord greater attention to the quality of operational procedures. According to her “it is
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56vital that [that] effort is well directed. If the fight against financial crime is characterized by
indiscriminate box-ticking, it will fail to deliver results, waste resources, and alienate firms,
their customers and other stakeholders” (p. vi).