Inclusive Experimentalism in Transnational Law Reform: Lessons from Operation Car Wash

Abstract

Processes of reconsideration and reform of international anticorruption law ought to draw lessons from the design and enforcement of laws in countries most affected by corruption. We demonstrate this proposition using a study of Brazil’s Operation Car Wash (OCW) and related investigations in other Latin American countries. Possibly the largest anticorruption case in history, OCW targeted an unprecedented Brazilian corruption scheme involving the state‐run oil company (Petrobras), the largest construction companies in the country, and high‐ranking politicians. OCW also led to follow on proceedings against one of the construction companies, Odebrecht, affecting twelve other countries. OCW and the related investigations in other Latin American countries led to numerous public protests and enforcement actions, harsh corporate sanctions, and the imprisonment and/or ouster of leading political figures, with far‐reaching effects on economic growth, human rights, and democratic governance in the region. Our study of these events suggests that international anticorruption law has an important role to play in coordinating the activities of enforcement agencies across borders and legal fields, supplying benchmarks and standards for domestic lawmakers and enforcement agencies, and moderating states’ ability to use anticorruption initiatives to threaten vital individual and collective interests.