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The prosecution in the United States of Pavlo Lazarenko for corruption merits study for two reasons. First, it provides case study of the use of local laws to deal with a transnational act. Law should support and regulates interaction within communities; local laws that stop at the borders do little to support transnational communities and international law, which does not recognize most transnational persons as legitimate subjects of international law, does even less. The court that tried Lazarenko could not therefore rely solely on its local law nor could it turn to nonexistent transnational law; instead it cobbled together local U.S. law and Ukranian law. At different times in the process, the court exhibited skill and a lack of sensitivity to the process.
In cobbling together local laws, the court also created a tool for controlling transnationally corrupt public officials. Corruption presents a significant obstacle to global and local development and growth. The creation of a tool to combat transnational corruption offers possible amelioration for many more who suffer the degradations of corruption.
Nichols, P. M. (2007). United States v. Lazarenko: Filling in Gaps in Support and Regulation of Transnational Relationships. Retrieved from https://repository.upenn.edu/lgst_papers/44
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Date Posted: 20 June 2018