This module is a resource for lecturers  

 

Student assessment

 

This section provides a suggestion for a post-class assignment for the purpose of assessing student understanding of the Module. Suggestions for in-class assignments are provided in the Exercises section.

To assess the students' understanding of the Module, the lecturer may choose one of the two post-class assignments listed below. The first one is oriented towards political science and law students, and the second towards business students.

1) Students play the role of government advisors to draft or modify the law on corporate liability for corruption. Two weeks after the class, students will hand in a draft bill. The draft bill will be accompanied by a document that explains the grounds of the legislation and the rationale behind it.

The draft bill and the additional document must take into account the local constitutional and legal framework, and students should decide whether to establish a civil or criminal liability system with objective or subjective liability. The draft bill may include leniency provisions, i.e. conditions or cases that allow companies to reduce sanctions in case of violations. In addition, the bill and the additional document must establish in which cases third parties may trigger corporate liability. Finally, the draft bill or the additional document must describe which measures companies may take to establish an effective anti-corruption ethics and compliance programme.

Apart from the core reading on the subject, the lecturer may suggest to students that they check legislation on this subject, such as the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act 2010 , the United Nations Convention against Corruption (UNCAC) and the Organisation for Economic Co-operation and Development (OECD) Anti-Bribery Convention (officially Convention on Combating Bribery of Foreign Public Officials in International Business Transactions).                                                                                            

2) Students choose an existing company and do a critical review of the existing code of conduct or ethics, taking into account the economic sector in which the company has developed, its size, whether it trades its shares or not, whether it operates globally or just locally, etc.

A short essay must be submitted in which students explain the difference between a compliance approach to a code and a values approach to a code,

The lecturer may recommend students to do a prior check of some already existing codes of conduct, for instance:

 
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