Deconstructing Corruption: From (Un)Fixed Definitions to Evolving Perspectives

Maria Samantha Orozco Menéndez ()
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Maria Samantha Orozco Menéndez: Transnational Legal Studies Department, Faculty of Law, Vrije Universiteit Amsterdam, 1081 Amsterdam, The Netherlands

Laws, 2025, vol. 14, issue 6, 1-21

Abstract: This piece examines the persistent conceptual and normative challenges surrounding corruption in international law. It revisits classical definitions and perceptions of corruption, highlighting their influence on contemporary understandings. It critiques the approach of key international instruments, which, despite extensive efforts to combat corruption, have refrained from providing a unified definition, opting instead for pragmatic frameworks that result practically on criminal types. The analysis interrogates the traditional classification of corruption into petty and grand forms, acknowledging the growing recognition of institutional corruption as a distinct and equally destructive category. The article also highlights the bias in existing frameworks that focus predominantly on public-sector misconduct, often overlooking harmful practices in the private sector that are closely linked to broader dynamics of institutional corruption. Finally, it engages with the dual characterization of corruption as both a criminal offence and a potential violation of human rights. It argues for a paradigm shift: international law should focus less on definitional debates and more on recognizing the tangible harms of corruption, enabling accountability and reparations for acts that undermine democratic institutions and violate human rights.

Keywords: corruption; anticorruption frameworks; international law; human rights; accountability; reparations; legal definitions (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2025
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