Obligation-Conflict Resolution
Case 98-2 (1998) · Gifts To Foreign Officials - Application Of Code Of Ethics To Non-U.S. Engineers
Professional obligations conflict, and the board applies no fixed rule for which one wins.
Each resolution is recorded as three edges:
competesWith (the tension),
prevailsOver (the obligation the board allowed to win in this case), and
defeasibleUnder (the situation under which the yielding obligation gives way).
The same tension is then traced across comparable cases, where its resolution shifts with context.
Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it
Featured
Engineer A Foreign Official Corrupt Payment Prohibition
prevails over
Engineer A Local Intermediary Kickback Arrangement Non-Participation
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Home Country Legal Permissibility of Foreign Official Payments
Engineer A Foreign Official Corrupt Payment Prohibition
prevails over
Engineer A Cross-Cultural Corrupt Custom Diplomatic Sidestepping BER Case Discussion
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Ethical Dilemma — Legal vs. Ethical Conduct in Foreign Markets
Engineer A Public Welfare Non-Subordination to Corrupt Procurement Gain
prevails over
Engineer A International Engineering Procurement Competitive Integrity
the two obligations are in tension (competesWith)
No State context committed for this edge.
Engineer A Ethics Beyond Legal Minimum International Practice
prevails over
Engineer A Home-Country Legal Permissibility Non-Excuse
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Home Country Legal Permissibility of Foreign Official Payments
Engineer A Cross-Cultural Engineering Practice Consistent Ethical Compass BER Case Discussion
prevails over
Engineer A Situational Ethics Non-Practice International Engineering BER Case Discussion
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- BER Situational Ethics Categorical Prohibition
Engineer A Foreign Official Corrupt Payment Prohibition
prevails over
Engineer A Voluntary Membership Competitive Disadvantage Acceptance BER Case Discussion
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Home-Country Market Competitive Disadvantage
- Engineer A Voluntary NSPE Membership Ethics Obligation
Engineer A NSPE International Member Extraterritorial Ethics Compliance
prevails over
Engineer A Home-Country Legal Permissibility Non-Excuse BER Case Discussion Section
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Home Country Payment Permissibility
BER Uniform NSPE Ethics Standard Cross-Member-Class Application BER Case Discussion
prevails over
Engineer A Voluntary Membership Competitive Disadvantage Acceptance BER Case Discussion
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Home-Country Market Competitive Disadvantage
- Engineer A Voluntary NSPE Membership Ethics Obligation
Open tensions recorded without a resolution:
Engineer A Foreign Official Corrupt Payment Prohibition vs Engineer A International Engineering Procurement Competitive Integrity
Engineer A Foreign Official Corrupt Payment Prohibition BER Case Discussion Section vs Engineer A Local Intermediary Kickback Arrangement Non-Participation
Engineer A NSPE International Member Extraterritorial Ethics Compliance vs Engineer A Voluntary Membership Competitive Disadvantage Acceptance BER Case Discussion
What the board concluded
- It would not be ethical for Engineer A to provide cash payments or in-kind property to public officials in foreign countries in order to obtain and retain business from those public officials.
How comparable cases resolved the same tension
Engineer A Local Intermediary Kickback Arrangement Non-Participation yields to Engineer A Foreign Official Corrupt Payment Prohibition. The yielding obligation ("Engineer A Local Intermediary Kickback Arrangement Non-Participation") recurs across cases; the obligation that overrides it and the context under which it yields differ case by case. This is the case-law move: not a single rule, but a family of context-indexed resolutions.
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
15-7
Confidentiality – Discussion with...
|
Engineer A Competitive Procurement Fairness Obligation Water Treatment Bidding | Engineer A Faithful Agent Obligation Present Case Municipality Client | Engineer A Pre-Bid Constructability Consultation Conflict; Municipality Public Bidding Process - Equitable Access State |
|
80-1
Protest of Low Fee Proposal
|
Firm A Fee-Cutting Economic Infeasibility Competence Threshold Non-Breach Obligation Instance | Firm A Improper Method Procurement Non-Engagement Obligation Instance | Free and Open Competition Framework |
|
94-8
Competence To Perform Foundation Design
|
Engineer B Cross-Discipline Structural Footing Assignment Acceptance Refusal Obligation | Engineer B Sole-Purpose Structural Footing Sub-Delegation Infeasibility Recognition Obligation | Engineer B Sole-Purpose Structural Footing Engagement Precluding Delegation |
|
98-5
Public Health And Safety - Code Enforcement
|
Engineer A Transparent Advocacy Alternative to Grandfathering Concurrence | Engineer A Quid Pro Quo Safety Concession Non-Acceptance | Engineer A Quid Pro Quo Safety Standard Concession — Present Case |
|
01-11
Conflict Of Interest—Consultant Serving As...
|
Engineer A WXY Engineering Conflict of Interest Disclosure Evolution Compliance | WXY Engineers Incumbent Multi-Contract City Engineer Non-Acceptance Obligation Instance | Small Municipality Consulting Firm Appointment - BER 74-2; WXY Engineering Conditional Ethical Permissibility - Present Case; WXY No Private Work Conflict Negation - Present Case |