The Emerging Regimes on Anticorruption and State Enterprise Governance in the Commonwealth Caribbean

This thesis argues that there is an identifiable and distinct body of law, administrative regulations, and institutional structures on state enterprise governance, anti-corruption and public sector ethics emerging in the Commonwealth Caribbean. The law and administrative structures are still developing, but they are sufficiently well developed to be recognised as distinct regimes. These emerging regimes are based on the common law, UK legislation that have been received in the region, and several contemporary legislative and administrative initiatives, many of which have been provoked by international and inter-American developments. The Commonwealth Caribbean anticorruption project can usefully be assessed from the perspectives of agency cost and moral hazard that are essential, but too little explored, features of the agency relationship. The first chapter introduces the thesis, sets out the theoretical statement, explains why the Commonwealth Caribbean anticorruption regimes are suitable objects of study, and investigates the definitions of corruption. Chapter 2 discusses the theory that drives the assumptions of this thesis. It presents the reconstructed theory of corruption that is useful in the analysis of corruption. Chapter 3 sets out the existing state of knowledge on corruption, examines the literature on corruption, including the contribution to the subject by Caribbean scholars. Chapter 4 discusses the international developments and the legal regimes on anticorruption in the region, including the common law rules on bribery and misconduct in public office, the tort of misfeasance in public office, judicial misconduct, anticorruption legislation, and the constitutional implications. Chapter 5 deals with anticorruption strategies and the new institutional framework. Special emphasis is placed on the Contractors-General in Belize and Jamaica as an emerging and unique anticorruption agency. Chapter 6 represents the conclusion of the study.