تضارب المصالح
قالب:State monopoly capitalism
A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations in which the personal interest of an individual or organization might adversely affect a duty owed to make decisions for the benefit of a third party.
An "interest" is a commitment, obligation, duty or goal associated with a particular social role or practice.[1] By definition, a "conflict of interest" occurs if, within a particular decision-making context, an individual is subject to two coexisting interests that are in direct conflict with each other. Such a matter is of importance because under such circumstances the decision-making process can be disrupted or compromised in a manner that affects the integrity or the reliability of the outcomes.
Typically, a conflict of interest arises when an individual finds themselves occupying two social roles simultaneously which generate opposing benefits or loyalties. The interests involved can be pecuniary or non-pecuniary. The existence of such conflicts is an objective fact, not a state of mind, and does not in itself indicate any lapse or moral error. However, especially where a decision is being taken in a fiduciary context, it is important that the contending interests be clearly identified and the process for separating them is rigorously established. Typically, this will involve the conflicted individual either giving up one of the conflicting roles or else recusing himself or herself from the particular decision-making process that is in question.
The presence of a conflict of interest is independent of the occurrence of inappropriateness. Therefore, a conflict of interest can be discovered and voluntarily defused before any corruption occurs. A conflict of interest exists if the circumstances are reasonably believed (on the basis of past experience and objective evidence) to create a risk that a decision may be unduly influenced by other, secondary interests, and not on whether a particular individual is actually influenced by a secondary interest.
A widely used definition is: "A conflict of interest is a set of circumstances that creates a risk that professional judgement or actions regarding a primary interest will be unduly influenced by a secondary interest."[2] Primary interest refers to the principal goals of the profession or activity, such as the protection of clients, the health of patients, the integrity of research, and the duties of public officer. Secondary interest includes personal benefit and is not limited to only financial gain but also such motives as the desire for professional advancement, or the wish to do favours for family and friends. These secondary interests are not treated as wrong in and of themselves, but become objectionable when they are believed to have greater weight than the primary interests. Conflict of interest rules in the public sphere mainly focus on financial relationships since they are relatively more objective, fungible, and quantifiable, and usually involve the political, legal, and medical fields.
A conflict of interest is a set of conditions in which professional judgment concerning a primary interest (such as a patient's welfare or the validity of research) tends to be unduly influenced by a secondary interest (such as financial gain). Conflict-of-interest rules [...] regulate the disclosure and avoidance of these conditions.
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Related to the practice of law
قالب:Professional responsibility
Concurrent conflicts of interest
Direct adversity to current client
Identity of the client - corporations
Material limitation conflicts
Consent to concurrent conflicts of interest
Consent to current conflicts
Prospective consent to future conflicts
The hot potato doctrine
Successive conflicts of interest
The substantial relationship test
Imputation of conflicts
Conflict of interest in UN Security Council
Organizational
Conflict of interest in the health care industry
Types
The following are the most common forms of conflicts of interests:[4]
- Self-dealing, in which an official who controls an organization causes it to enter into a transaction with the official, or with another organization that benefits the official only. The official is on both sides of the "deal."
- Outside employment, in which the interests of one job conflict with another.
- Nepotism, in which a spouse, child, or other close relative is employed (or applies for employment) by an individual, or where goods or services are purchased from a relative or from a firm controlled by a relative. To avoid nepotism in hiring, many employment applications ask if the applicant is related to a current employee of the company. This allows recusal if the employed relative has a role in the hiring process. If this is the case, the relative could then recuse from any hiring decisions.
- Gifts from friends who also do business with the person receiving the gifts or from individuals or corporations who do business with the organization in which the gift recipient is employed. Such gifts may include non-tangible things of value such as transportation and lodging.
- Pump and dump, in which a stock broker who owns a security artificially inflates the price by "upgrading" it or spreading rumors, sells the security and adds short position, then "downgrades" the security or spreads negative rumors to push the price down.
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Examples
Environmental hazards and human health
Funding | Harm | No Harm |
---|---|---|
Industry | 0 | 13 (100%) |
Independent (e.g., government) | 152 (86%) | 11 (14%) |
Self-regulation
Insurance claims adjusters
Purchasing agents and sales personnel
Real estate agents
Government officials
Contributions from the sugar lobby, 1983–1986 | Percent voting in 1985 against gradually reducing sugar subsidies |
---|---|
> $5,000 | 100% |
$2,500–5,000 | 97% |
$1,000–2,500 | 68% |
$1–1,000 | 45% |
$0 | 20% |
Finance industry and elected officials
[[File:USFinanceIndustry.svg|thumb|Finance as a percent of US Domestic Corporate Profits
Finance industry and economists
Stockbrokers
Media
Mitigation
Removal
"Blind trust"
Disclosure
Recusal
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Third-party evaluations
See also
- Conflict-of-interest editing on Wikipedia
- Conflicts of interest in academic publishing
- Corruption
- Duty to defend
- Ethics
- Incentive
- Insider trading
- Jury nullification
- Moral hazard
- Perverse incentive
- Quid pro quo
- Remuneration
- Reservation of rights
- Revolving door (politics)
- Tragedy of the commons
- Vested interest (communication theory)
References
- ^ Komesaroff, Paul A.; Kerridge, Ian; Lipworth, Wendy (2019). "Komesaroff PA, Kerridge I, Lipworth W. "Conflicts of interest: new thinking, new processes". Internal Medicine Journal. 49 (5); 2019: 574-577". Internal Medicine Journal. 49 (5): 574–577. doi:10.1111/imj.14233. hdl:2123/20531. PMID 30693633. S2CID 59340797.
- ^ Lo and Field (2009). The definition originally appeared in Thompson (1993).
- ^ Dennis F. Thompson (19 August 1993). "Understanding financial conflicts of interest". The New England Journal of Medicine. doi:10.1056/NEJM199308193290812.
- ^ Boundless.
Further reading
- Acocella, N. and Di Bartolomeo, G. and Piacquadio, P.G. [2009], Conflict of interest, (implicit) coalitions and Nash policy games, in: Economics Letters, 105: 303–305.
- Black, William K. (2005). The Best Way to Rob a Bank Is to Own One. Austin, TX: University of Texas Press. ISBN 978-0-292-72139-5.
- Davis, Michael; Andrew Stark (2001). Conflict of interest in the professions. Oxford: Oxford University Press. ISBN 978-0-19-512863-5.
- Lessig, Lawrence (2011). Republic, Lost: How Money Corrupts Congress -- and a Plan to Stop It. Twelve. ISBN 978-0-446-57643-7.
- Lo, Bernard; Marilyn J. Field (2009). Conflict of Interest in Medical Research, Education, and Practice. Washington, D.C.: National Academies Press. ISBN 978-0-309-13188-9.
- Porter, Roger J.; Thomas E. Malone (1992). Biomedical research: collaboration and conflict of interest. Baltimore: Johns Hopkins University Press. ISBN 978-0-8018-4400-3.
- Thompson, Dennis (1995). Ethics in Congress: From Individual to Institutional Corruption. Washington, D.C.: Brookings Institution Press. ISBN 978-0-8157-8423-4.
- Thompson, Dennis (1993). "Understanding financial conflicts of interest". New England Journal of Medicine. 329 (8): 573–76. CiteSeerX 10.1.1.466.1945. doi:10.1056/NEJM199308193290812. PMID 8336759.
External links
- Thacker, Paul D. (November 2006). "Environmental journals feel pressure to adopt disclosure rules". Environmental Science & Technology. 40 (22): 6873–6875. Bibcode:2006EnST...40.6873T. doi:10.1021/es062808a. PMID 17153989.
- McDonald, Michael. "Ethics and Conflict of Interest". W. Maurice Young Centre for Applied Ethics. Archived from the original on 2007-11-03.