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1
Nadakavukaren Schefer, Krista. "Corruption and the WTO Legal System." Journal of World Trade 43, Issue 4 (August 1, 2009): 737–70. http://dx.doi.org/10.54648/trad2009030.
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The World Trade Organization (WTO) has no substantive rules directly addressing corruption in trade relations. There are, however, numerous legal provisions in the various WTO texts that offer indirect support to traders facing corrupt trade administrators. Whether these provisions are sufficient to address the bulk of trade-related corruption is questionable, given the narrow range of corrupt practices that are affected by these, mainly procedural, obligations. This article sets out a framework for further research into the question of how corruption affects trade liberalization, and puts forth a suggestion for how the WTO could take a step towards remedying its avoidance of the topic of corruption while not exceeding its functional scope of regulating trade relations among Members.
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Latif, Birkah, Syamsuddin Muhammad Noor, Juajir Sumardi, and Irwansyah Irwansyah. "The Impact of the Development of Trade Practices on Enforcement of International Environmental Law." Sriwijaya Law Review 3, no. 2 (July 31, 2019): 137. http://dx.doi.org/10.28946/slrev.vol3.iss2.226.pp137-151.
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The issue of trade and environment is always debatable. Degradation and damaging to the environment surge the countries in making comprehensive and multi-approach planning. This is based on the view that trade should not only count for profit but also carry out calculations and planning for the impacts and conditions when the business is carried out and after completion. The purpose of this paper is to find out whether the environment causes trade not to be carried out and to end economic growth and there is a solution to balance the environment and trade as prevention in both fields through environmental protection legal instruments. The first issue showed that trade that used to be a source of income that is the main target of countries, nevertheless, the unwise planning and also corrupt cases has made the trade become the trigger for environmental damage. This condition caused by a lack of awareness in law enforcement and even various corruption issues causing trade to become a threat, especially for the environment. The second issue arises, which is the mechanism in balancing trade and the environment to preserve the environment and encourage the country's economic growth by optimizing the implementation of environmental protection laws. This paper uses normative legal research methods by collecting data derived from the literature, legislation, articles, and cases that occur within countries. The result shows that more states and stakeholder using more technique on achieving a balance of trade and environment protection, with a pro-environment calculation, it is expected that trade will be carried out in parallel with environmental preservation.
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Sheffet, Mary Jane. "The Foreign Corrupt Practices Act and the Omnibus Trade and Competitiveness Act of 1988: Did They Change Corporate Behavior?" Journal of Public Policy & Marketing 14, no. 2 (September 1995): 290–300. http://dx.doi.org/10.1177/074391569501400210.
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The author examines the Foreign Corrupt Practices Act (FCPA), the Omnibus Trade and Competitiveness Act of 1988, and some of the cases decided under each bill. A survey of the Chief Legal Counsels of Fortune 500 companies was done to determine whether U.S. corporations had adopted new codes of ethics and/or conduct to ensure their firms’ compliance with the FCPA and its amendments. The survey also studied whether the firms had changed their sales and marketing practices after these laws were passed. The results indicate that many of the responding firms made some changes; however, new allegations of foreign bribery by American firms probably indicate that vigorous enforcement of the FCPA must be continued.
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Munharo, Steven, Steven Munharo, Akpan Aniekan Edet, Akpan Edikan Friday, Takudzwa Chrispen Maradze, Attaullah Ahmadi, Lucero-Prisno III Don Eliseo, and Lucero-Prisno III Don Eliseo. "Impact of COVID-19 on Supply Chains in Zimbabwe." Journal of Public Health International 3, no. 4 (May 11, 2021): 33–37. http://dx.doi.org/10.14302/issn.2641-4538.jphi-21-3824.
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Zimbabwe like many other sub-Saharan African states has been struggling to provide a quality health service delivery system. Nations with rampant corruption and ineffective bureaucracy made worse, the response towards the fight against COVID-19, Coronavirus Disease 2019. Despite the Zimbabwean government setting out protocols with international agencies such as WHO, World Health Organization to mount an effective response against COVID-19, the health system has been overstretched with lack of personal protective equipment, shortage of drugs and essential equipment and wanton corruption practices coupled with shortage of staff. Timely delivery of orders is still a challenge due to strict bureaucratic measures when transporting goods and the existing competition between countries. Manufacturers and donors are shifting their focus to their countries leaving the Zimbabwean health service underfunded and under-resourced. However, among the challenges experienced the country has been given a chance to revisit its priorities and strategize how best the government and organizations can move essential medical goods, utilize current trade agreements such as ACFTA, African Continental Free Trade Area and local drug manufacturers to produce essential medicines. Launching an efficient mechanism to end corrupt practices in procurement and supply as well as improve interagency cooperation and communication may help improve efforts to end COVID-19 in Zimbabwe.
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Cugova, Aneta, and Juraj Cug. "International Financial Reporting Standards as a tool for Earnings management." SHS Web of Conferences 92 (2021): 02012. http://dx.doi.org/10.1051/shsconf/20219202012.
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Research background: The idea of harmonizing accounting at the international level gradually began to spread from the second half of the 20th century as a result of globalization and the growth of international trade. Due to the expansion of this business, users of financial statements have a need for comparability and transparency. National accounting legislation was so different that a reliable assessment of companies from different national backgrounds was not possible. The intention was to create uniform, globally applicable accounting standards. Purpose of the article: This paper clarifies the theoretical background of selected accounting standards that can significantly expand the scope for earnings management. Methods: Basic scientific methods of analysis, synthesis, induction, deduction and abstraction were used to meet the stated goal. Findings & Value added: The correct application of IFRS can increases the scope for discretionary accounting practices. The change in reporting and valuation according to domestic legislation to reporting and valuation according to international standards may, to varying degrees, affect the picture of the financial position as well as the achieved profit of the company.
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Bello, Semiu Musa. "The dilemma of newspaper cartoonists: perspectives from Nigerian practitioners." Indonesian Journal of Communication Studies 14, no. 2 (January 24, 2022): 75. http://dx.doi.org/10.31315/ijcs.v14i2.5345.
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Cartooning in journalism practice is, by nature and as demonstrated in many parts of the world, an intelligent journalistic endeavour undertaken by cartoonists or cartoon journalists to put those in power to accountability and responsibility. It is a special genre of journalism profession to disseminate information graphically and illustratively to members of the public. Cartoonists strategically use cartoons and their journalistic drawings to portray social evils, corrupt practices, criticise policies and programmes of government, actions of various corporate bodies, religious organisations and individuals’ misdemeanours in a satirical and comic form. In the course of performing these multifarious functions in society, cartoonists have been subjected to an array of challenges or have been made to go through various challenges and consequently thrown into dilemma. Investigating these challenges and how cartoon journalists have been able to cope in their trade and profession define the thesis of this study. Operationally, the study employs the indepth interview research method to garner the perspectives of cartoon practitioners in Nigeria to determine the dimension of the challenges they encounter in their profession and what factors keep them in the profession. Among other challenges, this study find that cartoon journalists encounter proprietor’s influence, poor remuneration, lower estimation and respect by editors and other superior officers in media organisations as well as threats, insecurity and attacks from the politicians. Cartoon journalists, however, remain motivated and committed to their profession due to personal interest/passion and love for public interest.
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Holmes, Ralph. "The ongoing challenge of representative sampling of bulk mineral commodities." TOS Forum 2022, no. 11 (May 27, 2022): 303. http://dx.doi.org/10.1255/tosf.159.
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Sampling of bulk mineral commodities for international trade, such as iron ore, coal and a wide variety of mineral concentrates, is generally carried out in accordance with National or more commonly International (ISO) Standards developed to provide representative samples for subsequent analysis and payment. Because commercial transactions are involved, clearly getting the sampling right is critically important, and poor sampling practices can potentially lead to substantial financial losses for one of the parties involved. The “golden rule” for correct sampling is that “all parts of the material being sampled must have an equal probability of being collected and becoming part of the final sample for analysis”. If this rule is not respected, then bias is easily introduced and samples are not representative. While on-site observations indicate that the adoption of good sampling practices is improving, ensuring that samples are representative continues to be an ongoing challenge. This is often due to cost-cutting measures where sampling facilities, equipment and operations are the first to suffer, or it may just simply be due to ignorance of the requirements for collecting representative samples despite the existence of National and International Standards as well as high level sampling courses presented by international experts. More often than not, the company focus is on maximizing production tonnage rather than product quality and its measurement. Areas where significant issues continue to occur include: Primary cutter design for ever increasing high-capacity streams Correct operation of cross-stream secondary cutters Crusher performance and ongoing maintenance, particularly in relation to product particle size Retained sample mass versus particle size Extraction and handling of moisture samples Equipment maintenance. Timely ongoing maintenance of sample stations is critical and needs to be a high priority to ensure correct performance. A“set and forget” strategy simply does not work. Sampling needs to be given the commitment it deserves by company management, particularly through correct sample plant design, timely equipment maintenance, and appropriate staff training and awareness.
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Hamid Saremi and Pedram Saremi. "Role of ethics in global business." Journal of Management and Science 12, no. 3 (September 30, 2022): 86–93. http://dx.doi.org/10.26524/jms.12.49.
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Man wants success, since the success of a person in personal, professional, and social life depends on his patterns of communication behavior, the correction of these patterns also plays an essential role in achieving success.Success is achieved in the light of man's right and easy connection with himself and others; Because people are constantly interacting with themselves and others. Man is a social being and today, with the amazing development of societies, globalization,Individuals interact with a multitude of different organizations, and this has significantly complicated the relationship of individuals with each other and with organizations and the interrelationship of organizations with each other.Despite these complexities, everyone wants easy and correct communication with each other; Because they find comfort and tranquility in its light. This article seeks to examine the role of professional ethics in business, the history of business ethics in the world, the principles and foundations of business ethics and the views of thinkers, fair and unfair business practices, ethical guidelines on commercial advertising, consumer rights and ethics In production, globalization and business ethics, social marketing and its relationship with ethics, business ethics, and intellectual property rights, definitions of moral values, fair or just trade, ethical charters, and their codification circumstance business ethics terminology, international organizations active in the field of professional ethics.
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Vanasco, Rocco R. "The Foreign Corrupt Practices Act: an international perspective." Managerial Auditing Journal 14, no. 4/5 (June 1999): 161–261. http://dx.doi.org/10.1108/02686909910269878.
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Esteve-Pérez, Silviano, Salvador Gil-Pareja, Rafael Llorca-Vivero, and Jordi Paniagua. "Corruption and International Trade: A Re-assessment with Intra-National Flows." Economics 15, no. 1 (January 1, 2021): 187–98. http://dx.doi.org/10.1515/econ-2022-0015.
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Abstract This study re-examines the impact of corruption on international trade accounting for both inter- and intra-national flows in line with the latest advances in the gravity equation literature. Using a wide sample of countries for the period 1995–2017, our results show that the non-inclusion of internal trade flows drastically biases the estimations. Additionally, we find that the negative impact of corruption on trade is reduced, ceteris paribus, in poorer countries. We also find non-linearities, more corrupt countries present a more harmful impact of corruption on trade. Moreover, we perform a general equilibrium analysis to investigate the impact of a given reduction in perceived corruption on a selected group of countries’ economic growth and prices. We find that these effects are far from being negligible, especially when there is a “synchronized” reduction in corruption in most corrupt countries.
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Otusanya, Olatunde Julius, Sarah Lauwo, Oluwaseun Joseph Ige, and Olunlade Samuel Adelaja. "Sweeping it under the carpet: the role of legislators in corrupt practice in Nigeria." Journal of Financial Crime 22, no. 3 (July 6, 2015): 354–77. http://dx.doi.org/10.1108/jfc-02-2013-0003.
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Purpose – This study aims to contribute to the emerging discourse on elite financial crime, with particular attention devoted to the role played by the legislature in corrupt practices in Nigeria. Separations of power, watchdog role of legislature and ideologies have become a major influence in democratic system. Legislative power has developed as a means of providing oversight functions over the executives, thereby inhibiting fraudulent practices in governments. Design/methodology/approach – The paper argues that the political institutional structures embedded with monopoly, discretion and little or no accountability facilitate financial corrupt practices within the legislature. The paper uses publicly available evidence to show that the legislators in developing countries are actively engaged in corrupt practices. Findings – The evidence provided in this paper shows that separation of power and representative democracy had not brought about transparency and accountability in government activities in Nigeria. Legislature often trade-off their constitutional power and their claim of service to the public interest by engaging in financial criminal practices. Research limitations/implications – This paper does not set out to provide a comprehensive analysis of political corruption. Instead, it considers the “dark” side of legislative practice by examining the involvement of legislature in facilitating corrupt financial practices in Nigeria. Practical implications – The inability of the regulators to effectively sanction legislators implicated in corrupt practices suggests that the current institutional and regulatory apparatus are not fully equipped in dealing with the financial criminal activities of legislators. Social implications – Despite the arrest and prosecution of some legislators, a number of cases are swept under the carpet. Therefore, this paper suggests that Nigeria need to reform its political system and institutions to promote transparency and accountability in government and to build trust in the legislative process. Originality/value – This paper considers the “dark” side of legislative practice by examining the involvement of legislature in facilitating corrupt financial practices in Nigeria.
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Hotchkiss, Carolyn. "The Sleeping Dog Stirs: New Signs of Life in Efforts to End Corruption in International Business." Journal of Public Policy & Marketing 17, no. 1 (March 1998): 108–15. http://dx.doi.org/10.1177/074391569801700111.
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For many years, international firms and executives treated the Foreign Corrupt Practices Act (FCPA) as the proverbial sleeping dog, best left alone. The FCPA was perceived as an overreaching and naïve attempt by the U.S. government to impose unrealistic moral standards on global business conduct. The statute was regarded as unenforced and unenforceable. Recently, however, the U.S. government has stepped up FCPA prosecutions. International organizations, such as the International Monetary Fund, the Organization of Economic Cooperation and Development (OECD), and Transparency International also have increased global interest in and efforts to combat corrupt business practices. In November 1997, OECD member nations and others signed an agreement that committed them to changing their national laws to fight bribery. This increased activity should be an early warning signal to executives that demonstrates the higher risk of exposure of and the higher level of legal and business consequences for corrupt practices.
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Shestakova, Marina P. "INTERNATIONAL TRADE PRACTICES: INCOTERMS 2020." Public international and private international law 2 (April 22, 2020): 9–12. http://dx.doi.org/10.18572/1812-3910-2020-2-9-12.
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Pulkowski, Dirk. "Coalition Procurement for the Reconstruction of Iraq in the Crosshairs of WTO Law: The Obligations of the United States under the WTO Government Procurement Agreement." German Law Journal 5, no. 3 (March 1, 2004): 257–82. http://dx.doi.org/10.1017/s2071832200012426.
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Investigating the legality? Ha ha ha! That cracks me up. There is no international law that would prohibit this action by the Defense Department, nor is there any international court that France may appeal to. I of course think that this is the correct decision. Those countries who did not help win the war – who did not pay the price in blood – have no claim to the postwar profits. – Mike, Why I'm Right, Internet ForumDuring the Reagan administration, I helped negotiate … the “GATT Government Procurement Code”, later incorporated into the World Trade Organization's legal framework. The U.S. was the primary force behind this legal agreement. It was not motivated by altruism, but out of a belief that all signatory governments … and their respective tax payers would benefit from basing practices on economic factors rather than national favoritism. - Gene Tuttle, in responseInfrastructure in Iraq lies in tatters. Unscrupulous exploitation by Saddam Hussein's dictatorial regime, burdensome economic sanctions and massive destruction during the U.S.-led military operation ‘Iraqi Freedom’ have turned Iraq into one of the world's most destitute countries. On the UN Human Poverty Index for 2003, Iraq ranks seventy-first out of ninety-six developing nations. The reconstruction of basic infrastructure is but one first step towards development and economic growth. Rebuilding Iraq's infrastructure, however, involves substantial economic interests. After all, the cake to be distributed for rebuilding Iraq is expected to exceed $100 billion. Some companies see on the horizon one of the most rewarding business opportunities “undertaken in over 50 years” At the same time, there is a growing suspicion that political or even personal biases of the United States' administration have a bigger role to play than economic reason when it comes to sharing the cake. In December 2003, Deputy Secretary of Defense, Paul Wolfowitz, announced that some of America's trading partners, among them Canada, France, Germany and Russia, would be altogether excluded from competition for major reconstruction projects in Iraq. Public opinion in Europe was quick to brand the United States an international law-breaker. Can one State simply reserve to itself the final word on the Iraqi reconstruction money?
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MASON, NICHOLAS. ""The Quack Has Become God"." Nineteenth-Century Literature 60, no. 1 (June 1, 2005): 1–31. http://dx.doi.org/10.1525/ncl.2005.60.1.1.
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For the British book trade, one of the major by-products of the eighteenth-century advent of a commodity culture was an upswing in the intensity of its advertising efforts. Chief among the new marketing practices was the use of puffery, or insider reviewing, to create hype for new publications. So naturalized had puffery become by the early nineteenth century that many authors saw nothing ethically remiss in arranging for themselves or friends to review their own works. In fact, at some point in his or her career, nearly every major author of the Romantic period bene�ted from reviews penned by friends and literary allies. By the late 1820s, puffery had become so ubiquitous and shameless that several leading writers and critics, including Thomas Carlyle and Thomas Babington Macaulay, blamed corrupt reviewing practices for killing the nation's literary tradition. The recent slump of the literary book trade, it was widely argued, was less the product of the �nancial "Crash of 1826" than of the vitiation of society's tastes by a corrupt, self-interested reviewing establishment.
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Sanyal, Rajib. "Patterns in international bribery: Violations of the foreign corrupt practices act." Thunderbird International Business Review 54, no. 3 (April 19, 2012): 299–309. http://dx.doi.org/10.1002/tie.21463.
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Lugovskoy, R. A., and E. V. Mikhaylov. "Socio-Economic Analysis of the Proposal to Switch to a Four-Day Working Week in Russia." Economics and Management, no. 9 (November 7, 2019): 60–66. http://dx.doi.org/10.35854/1998-1627-2019-9-60-66.
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The presented study analyzes the proposal of the Prime Minister of the Russian Federation D. A. Medvedev to switch to a four-day working week. In the context of the topic, the experience of dealing with this issue is examined, including international practices. A similar proposal was discussed by I.V. Stalin as far back as Soviet times, although in the context of switching to five- or six-hour working days, but only in 2019 did this issue become the subject of debate. In light of the pension reform, which has led to an increase in the retirement age in Russia, a number of experts believe that such proposals may entail potential changes that could have a negative effect on the situation of workers. This study examines the mechanisms of public administration in coordination with enterprises relating to changes in the working hours.Aim. The authors aim to analyze potential directions for the improvement of public administration in the field of labor legislation, which has a significant impact on the development of the economy, business, and the situation of workers.Tasks. This study determines the historical background of Russia’s switch to a four-day working week; examines the legal mechanisms and specific features of labor legislation in Russia in the context of the planned switch to a four-day working week; explores international practices in the field of regulation of working hours; analyzes the benefits and drawbacks of switching to a four-day working week in Russia; develops proposals associated with Russia’s switch to a four-day working week.Methods. The methodological basis for the consideration of the problems includes general scientific methods, systems, structural, functional, and institutional analysis.Results. The ongoing processes in the field of improvement of labor legislation and its impact on the economy, business, and the situation of workers are comprehensively analyzed. The historical background of Russia’s switch to a four-day working week is determined; fundamentals of Russian labor legislation are examined; benefits and drawbacks of the potential innovations in the field of regulation of working hours are identified with allowance for international practices. The authors formulate proposals, the implementation of which will bring Russia closer to the switch to a four-day working week.Conclusions. The proposals of the Prime Minister of the Russian Federation to switch to a four-day working week has raised a lot of questions. For instance, it is unclear whether the current wages will be maintained. It is also questionable whether it is a step towards artificially reducing unemployment, in which fields this idea is likely to manifest itself first, and so on. These questions need to be thoroughly discussed by the representatives of the Government of the Russian Federation, Ministry of Labor and Social Protection of the Russian Federation, trade unions, and the scientific community. It is necessary to conduct a sociological survey to determine and prevent concerns among citizens about the upcoming changes. That said, the authors believe that the idea itself is conceptually correct, but it still valid to doubt whether it can be successfully implemented at the time of capitalism, when entrepreneurs focus on profit and are not interested in reducing the working time of their employees. According to the authors, the plans of I.V. Stalin to reduce working time could faster come into fruition with the socialist economic model, which facilitated innovations in the machine tool industry that would boost GDP growth and significantly reduce production costs. Assessing the prospects of development of this idea at the present stage is difficult.
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Igbonagwam, Okey, and V. Joy Rose. "Corruption Begets Corruption In Developing Countries - How The Use Of Technology Could Change The Landscape." Journal of Applied Business Research (JABR) 30, no. 6 (October 30, 2014): 1911. http://dx.doi.org/10.19030/jabr.v30i6.8948.
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This paper investigates the role technology can play in fostering good business practices that would deter economic corruption and extortion in developing countries. This paper first provides a problem statement with a brief description of corruption in form of bribery and extortion based on Foreign Corrupt Practices Act (FCPA) and its provisions. Second, we propose a definition of bribery and extortion. Our definitions indicate that, contrary to what is often claimed, many of the kinds of payments forbidden by the Foreign Corrupt Practices Act are not instances of bribery, but rather extortion. Third, we present an economic analysis of bribery and extortion and explain why they are thought to be undesirable practices from an economic point of view. Fourth, we present two case studies to support the use of technology to mitigate and facilitate business in developing countries that should improve economic and business practices.
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Stephan Hayes, Rick, and Richard Baker. "A participant observation study of the resolution of audit engagement challenges in government tax compliance audits." Qualitative Research in Accounting & Management 11, no. 4 (November 11, 2014): 416–39. http://dx.doi.org/10.1108/qram-02-2013-0003.
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Purpose – The aim of this paper is to extend the prior auditing literature by examining audit engagement challenges arising during government tax compliance audits. The prior auditing literature has examined how audit engagement challenges have been resolved through auditor/auditee negotiations. Design/methodology/approach – The empirical evidence for the paper was gathered during a participant observation study conducted by the primary researcher over a period of six years while working as an auditor for the Alcohol and Tobacco Tax and Trade Bureau (TTB) of the US Department of Treasury. Findings – This paper discusses various challenges faced by government auditors and how these challenges were resolved. The path to resolution was not always clearly marked. Resolution depended a great deal on the individual auditor’s judgment, interpretation of the Code of Federal Regulations (CFRs), and the willingness of the auditee to change the methods and techniques they use in operating and reporting wine operations. Materiality was determined by compliance with the regulation criteria [CFRs and the US Code (USC)] – any non-compliance was considered to be material. Resolution of many of the challenges resulted in an increased payments of excise taxes or penalties by the auditee entities. In other cases, the audit agency allowed the auditees to agree to change or amend their practices to correct a violation or a lack of compliance with US federal government regulations. As such, while the difference in the role and status of the government tax compliance auditor as compared with the independent external auditor did not necessarily lead to a different set of audit procedures, the pattern of communications between the auditor and the auditee in a government tax compliance audit were quite different from an external audit of financial statements. The government tax compliance environment is often complex, but the auditor may draw on a number of sources of knowledge and communication: CFRs, USC, Generally Accepted Government Auditing Standards, national audit planning, national experts, winery management, local peers, local government supervision, legal counsel and other auditors. Originality/value – The primary contribution of the paper lies in the fact that little or no prior research in auditing has been conducted using participant observation as a research methodology. The use of participant observation provides new perspectives on the resolution of audit engagement challenges and auditor/auditee communication and negotiation.
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Tian, Liyang. "Legal Resolution of Commercial Bribery by MNEs: Based on Foreign Corrupt Practices Act." Journal of Education, Humanities and Social Sciences 1 (July 6, 2022): 71–76. http://dx.doi.org/10.54097/ehss.v1i.640.
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With the expansion of multinational enterprises (MNEs) overseas, corruption has become an unavoidable problem. Among the many acts of corruption, commercial bribery is the most rampant and has a strong impact on the world economic order, thus the legal resolution of commercial bribery in the trade of MNEs is crucial. This essay will mainly discuss effective legal regulatory measures for the commercial bribery of MNEs based on the Foreign Corrupt Practices Act, and make suggestions for improving the existing legal system of the issue in China through comparative research methods.
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Leibe, Brandt. "International Legal: Detecting Foreign Corrupt Practices Crucial to Due Diligence in Acquisitions." Natural Gas & Electricity 31, no. 2 (August 22, 2014): 14–18. http://dx.doi.org/10.1002/gas.21782.
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Blyschak, Paul. "Corporate Liability for Foreign Corrupt Practices under Canadian Law." McGill Law Journal 59, no. 3 (May 21, 2014): 655–705. http://dx.doi.org/10.7202/1025141ar.
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Compliance with, and risk management in respect of, foreign anti-corruption law has quickly become a priority for Canadian corporations with international operations or assets. This article tracks this rapid evolution in Canadian corporate culture and compliance through a broad examination of corporate liability for foreign corrupt practices under Canadian law. Rather than merely conduct a review of the law governing corporate liability for foreign corrupt practices under Canadian law, however, this article also highlights a number of unresolved, problematic, or more complex areas of such law. This review does not purport to the exhaustive; nor does it presume offer definitive answers to the numerous questions posed. Rather, given the recent acceleration of the enforcement of the CFPOA by Canadian authorities, the aim of this article is to contribute novel legal analysis to an increasingly important area of corporate law and practice.
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Muzaffar, Ahmed Taneem, and S. S. M. Sadrul Huda. "Does Corruption Lead to Welfare Loss? An Empirical Evidence From Real Estate Sector of Bangladesh." Organizations and Markets in Emerging Economies 2, no. 1 (May 31, 2011): 24–33. http://dx.doi.org/10.15388/omee.2011.2.1.14287.
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Regulation may give rise to corrupt practices thereby resulting in welfare loss in an economy. This research aims at measuring the impact of corruption on the real estate sector of Dhaka city, the capital of Bangladesh. It makes an attempt to measure the welfare loss resulting from corrupt practices exercised mainly by government regulatory agencies. Bribe and extortion fee are the two main indicators whereby welfare loss is measured. Evidence from the study reveals that around 8 floors are lost due to payment of bribe and other such payments.
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Dunderdale, Nellie R. "The Influence of Corruption on the Developing World: The Foreign Corrupt Practices Act, International Commerce and Africa." Journal of Law and Commerce 33, no. 2 (July 2, 2015): 261–77. http://dx.doi.org/10.5195/jlc.2015.82.
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The Foreign Corrupt Practices Act (FCPA) demonstrates the United States’ commitment to fight against bribery and corruption and the FCPA has had a substantial impact on commerce between organizations in the United States and the developing word.
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Hafner-Burton, Emilie M., and Christina J. Schneider. "The Dark Side of Cooperation: International Organizations and Member Corruption." International Studies Quarterly 63, no. 4 (August 19, 2019): 1108–21. http://dx.doi.org/10.1093/isq/sqz064.
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Abstract Political corruption is rampant in—and destructive to—many parts of the world. A growing number of international organizations (IOs) claim to address the problem by encouraging good governance norms and rules, such as anti-corruption standards and practices. Whether membership in IOs dampens corruption, however, is unclear. Our central argument is that the characteristics of IO membership determine both whether corruption is tolerated and the extent to which formal anti-corruption rules effectively combat the problem. First, groups of corrupt states are reticent to enforce good governance norms or rules against other IO members, rendering punishment for corruption incredible. Second, leaders may witness the value of corruption to their IO peers and learn to act the same way. Using a variety of data sources and estimation strategies, including new data on IO anti-corruption mandates, we demonstrate that: (1) countries that participate in member-corrupted IOs are significantly more likely to engage in corruption themselves—and experience an increase in corruption over time—than are countries that participate in less corrupt IOs; and (2) this tolerance for corruption occurs even within IOs that have adopted formal anti-corruption mandates, rendering good governance rules largely cheap talk among organizations governed by corrupt principles.
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Pavlova, Elena. "Corrupt governance: Self-defeating anti-corruption rhetoric and initiatives in Russia." New Perspectives 28, no. 2 (May 12, 2020): 205–22. http://dx.doi.org/10.1177/2336825x20911513.
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Resilience theory has been used to describe the “bounce back” effect—a system’s ability to recover to its normal state after a shock. While this usually applies to systems whose survival is seen in a positive light (such as democracy), this article emphasizes the other, darker side of this phenomenon. I demonstrate how anti-corruption discourse can support certain practices that actually contribute to the resilience of corruption. By comparing the anti-corruption discourses of the Russian government and its political opposition, this article shows the interdependence and mutual reinforcement of two practices: (I) the pervasive resolution of everyday problems by corrupt methods and (II) focusing on the corruption of particular actors as the main obstacle to the development of the country and society. The effect of this interdependence is ambivalent, as both practices challenge corruption and contribute to its resilience. In effect, this becomes a mode of government and I link the concept of resilience with the literature on governmentality to better illuminate the endurance of corruption in Russia despite sincere (and even well-intended) anti-corruption campaigns. This model of rethinking the resilience of corrupt practices with the special focus on anti-corruption rhetoric can be applied to other countries where corruption serves as a pivot of the social and economic system, as it does in Russia.
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Barco, A. L. "International Expansion, Ethics, and Prohibited Foreign Trade Practices." Journal of Management in Engineering 10, no. 5 (September 1994): 34–40. http://dx.doi.org/10.1061/(asce)9742-597x(1994)10:5(34).
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Ali, Zulfiqar. "Pakistan’s National Accountability Ordinance and the facilitation of corrupt practices." Contemporary South Asia 28, no. 1 (September 22, 2019): 86–99. http://dx.doi.org/10.1080/09584935.2019.1669140.
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V. V., МЕRКUSHIN. "NON-STATE ACTORS AS QUASI-SUBJECTS OF TRANSNATIONAL ORGANISED CRIME: IMPLICATIONS FOR THE SECURITY OF STATES." Journal of the Belarusian State University. International relations, no. 1 (June 17, 2022): 66–73. http://dx.doi.org/10.33581/2521-6848-2022-1-66-73.
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We discuss the legal status of non-state actors in the context of the global fight against transnational organised crime and the security of states. We address the topic from the perspectives of international law (including criminal law), international security and human rights. We conclude that non-state actors such as multinational corporations, private military and security companies, and non-governmental organisations may become quasi-actors of transnational organised crime. Contributing to this probability are their uncertain legal status under international law, certain corporate practices and attitudes, obscure financial flows, and vulnerability of international and national public authorities to corrupt practices, among others.
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Shaw, Bill. "Foreign Corrupt Practices Act: A legal and moral analysis." Journal of Business Ethics 7, no. 10 (October 1988): 789–95. http://dx.doi.org/10.1007/bf00411027.
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Otusanya, Olatunde Julius, and Sarah G. Lauwo. "Corruption and socio-political economic structures: a case of Nigeria." Journal of Financial Crime 26, no. 1 (January 7, 2019): 330–71. http://dx.doi.org/10.1108/jfc-01-2018-0003.
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Purpose “Corrupt practices” is a recurring feature of media coverage. The paper seeks to encourage debates about the influence of institutional structures on agency to break away from methodological individualism. This paper aims to encourage reflections on the role of both the structures and actors which have shaped the continuous expansion of corrupt practices in Nigeria. Design/methodology/approach Whilst recognising that deviant behaviour by some individuals is always possible, this paper has rejected methodological individualism and shows the value of locating anti-social practices within the broader socio-political and historical context. Within a socio-political framework, this study adopts the theories of critical realism, developmental state and globalisation to understand the relationship between social agency and society, focusing upon the institutional structures and the role of social actors. Findings The evidence shows that socio-political and economic development, politics, power, history and globalisation have continued to reproduce and transform the institutional structures and actors which have facilitated anti-social practices in Nigeria. The paper concludes that large sums of government revenue have been undermined by the anti-social practices of the Nigerian political and economic elite (both local and international), which have enriched a few, but impoverished most, Nigerians. Practical implications As a consequence of recurring corrupt practices in Nigeria, there is a pressing need for reform to curb these practices which have had, and continue to have, a serious effect on Nigeria and its future development. Originality/value It provides a framework for understanding and explaining the inter-relations of actors and institutional structures and the linkages and influences that have shaped the practices in Nigeria.
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Gross, Peter. "(Happily) Living in Sin: Media and Politics in Romania." Southeastern Europe 39, no. 1 (April 8, 2015): 12–34. http://dx.doi.org/10.1163/18763332-03901002.
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Politics and media in Romania have more than just a symbiotic relationship, one in which they rely on each other. The elites that lead these two institutions share common values, beliefs, and attitudes, which translate into practices and behaviors. The end result is a corruptible, corrupt and corrupting relationship, between two corruptible, corrupt and corrupting institutions, that is detrimental to democracy in general, to the watchdog role of the media, and to their professionalization.
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Waxman, Michael P. "Controlling Moral Abuses by Transnational Enterprises Through International Law: The Foreign Corrupt Practices Example." Proceedings of the ASIL Annual Meeting 79 (1985): 357. http://dx.doi.org/10.1017/s0272503700017031.
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Viaene, Jean-Marie, and Casper G. De Vries. "On the design of invoicing practices in international trade." Open Economies Review 3, no. 2 (June 1992): 133–42. http://dx.doi.org/10.1007/bf01886200.
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Posthuma, Richard A. "Analyzing Business Research on the Foreign Corrupt Practices Act: Clusters, Gaps, and Future Directions." American Business Review 25, no. 2 (November 16, 2022): 221–52. http://dx.doi.org/10.37625/abr.25.2.221-252.
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This study comprehensively analyzed and summarized business-related research on the Foreign Corrupt Practices Act (FCPA). Research on the FCPA is essential because sanctions for violations have grown substantially, increasing risks for multinational enterprises (MNEs). Recent fines exceeded $1 billion, and business executives were personally fined and imprisoned (Stanford Foreign Corrupt Practices Act Clearinghouse, 2021). Unfortunately, theory-based and empirically-validated business research has not kept pace with this increased risk. Performance mapping and science mapping pinpointed the most prolific academic fields, the most cited articles, and clusters of authors, journals, and keywords. Analyses identified gaps in the literature. Prior research focused on public policy questions, like the impact of the FCPA on American companies (Shapiro, 2013), the propriety of attempting to regulate foreign business ethics, and international treaties. Moreover, significant clustering and fractionalization into legal academic silos have side-stepped business-related research topics. New and different research directions are proposed.
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Jorge, Guillermo. "The Impact of Corporate Liability on Corruption in Latin America." AJIL Unbound 113 (2019): 320–25. http://dx.doi.org/10.1017/aju.2019.57.
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Most Latin American countries are in the process of implementing international anticorruption standards, including standards for combating corporate corruption. Primarily based on the U.S. experience with the Foreign Corrupt Practices Act (FCPA), these international standards for combating corporate corruption are coalescing into a standardized paradigm, which requires states to establish corporate liability regimes that incentivize companies to prevent, self-police, and cooperate with law enforcement authorities in exchange for more lenient sanctions.
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Busol, Оlena. "INTERNATIONAL LEGAL REGULATIONS AND ISSUES OF CORRUPT ASSETS RECOVERY." Baltic Journal of Economic Studies 6, no. 4 (November 13, 2020): 35–45. http://dx.doi.org/10.30525/2256-0742/2020-6-4-35-45.
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The article is devoted to the issues of international cooperation of the bodies regarding asset recovery and management with a purpose of combating transnational crime. It emphasizes the main provisions of international treaties on combating crime and provides an analysis of foreign legislation in the given sphere. The subject of the study is international legal regulation and problems of corrupt assets recovery, which required the application of interdisciplinary scientific approach in considering its economic, political, philosophical, historical and legal aspects. The purpose of the article is to highlight the main issues that arise when the states try to recover corrupt assets, as well as to provide national governments with appropriate recommendations, taking into account international instruments and best practices. The article considers world practice of conducting criminal proceedings and execution of court decisions. It covers the features and problems of specialized government bodies as for the recovery of the assets. The article is based on the application of a set of the following methodologies: philosophical, dialectical and synergetic. The study used the method of systematic analysis, which is the most commonly applied in criminological research to combat corruption. To achieve these purposes, the following research methods are used: analysis of theoretical sources and scientific literature; abstract-logical method in the process of theoretical generalizations and formation of conclusions; prognostic methods. The author applies the comparative method (i.e. the method of comparative jurisprudence) when comparing international documents with the legal norms of other states. Results. Foreign experience shows that development of a modern and effective system of combating organized corruption in any country is possible subject to application of legal norms that meet international standards, as well as the integrated use of advanced computer information technology. The author emphasize the need for OECD (Organization for Economic Co-operation and Development) member states to develop adequate regulations that will allow immediate disclosure and exchange of information on the freeze of assets with foreign jurisdiction, in order to ensure the effectiveness of the asset recovery procedure. Conclusions. It is recommended to adopt laws at the national level or to introduce a regulation in the criminal law of the state on illicit enrichment; to develop comprehensive national strategy; as well as to finance measures to recover corrupt assets within the framework of anti-corruption programs at the state level. It emphasizes the need to have a united state register of assets seized in criminal proceedings. In order to recover assets from abroad, states need to have political will and to use the latest technologies.
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Fabian, Tom. "Volleygate: A History of Scandal in the Largest International Sport Federation." Sport History Review 51, no. 1 (May 1, 2020): 84–101. http://dx.doi.org/10.1123/shr.2019-0045.
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Neither the history of volleyball nor of its governing body has received much scholarly attention. As such, the objective of this study is to highlight the institutional history of the Fédération Internationale de Volleyball (FIVB) through the organization’s response (or lack of response) to the corrupt practices known as “volleygate” that have embroiled the volleyball world since the mid 1980s. Through this sociohistorical study of the FIVB, many of the challenges facing modern international sport federations can be recognized and critiqued. Yet, despite its moral failings, the show must go on.
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Nili, Shmuel. "Democratic disengagement: toward Rousseauian global reform." International Theory 3, no. 3 (September 20, 2011): 355–89. http://dx.doi.org/10.1017/s1752971911000157.
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What are the moral costs of democratic trade with dictatorships, and what action these costs demand of our elected governments? This article develops as a Rousseauian answer the idea that democracies ought to boycott corrupt dictatorships and establish themselves collectively as an autarkic bloc, in order to reform not others but themselves. I articulate the basis for this democratic disengagement, first through a reconstruction of Rousseau's social contract, as seeking to replace corrupt dependence with egalitarian interdependence between citizens. I then examine the potential for egalitarian interdependence between democracies that treat their citizens equally as collectively sovereign, contrasted with corrupting cooperation between democracies and dictatorships, which distorts democracies’ values, specifically by making them complicit in despots’ theft of their peoples’ resources. Ending this corruption requires disengagement, elaborated here first against liberal objections and then against skeptic criticism.
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Nisnevich, Y. "Fighting Corruption: the Slovenian Phenomenon." World Economy and International Relations 60, no. 3 (2016): 36–48. http://dx.doi.org/10.20542/0131-2227-2016-60-3-36-48.
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Today, corruption remains a challenge for most post-socialist states. Unfortunately, this social pandemic was by and large inherited by these countries from the Soviet regime. A lot of representatives of that regime, who actually were the instigators of corrupt practices while governing a state, managed to keep their posts in power even after the regime change. In this way the representatives of the old regime facilitated further spread of corrupt practices in new governments. The research, conducted in cooperation with Professor Peter Rozic (USA), indicates an interesting phenomenon: lustration (in other words, the purge of government officials once affiliated with the Communist system) is indeed an effective mechanism to do away with corrupt legacy of a previous government. In the majority of post-socialist states (except for Albania and Bulgaria), where lustration was carried out in one form or another, we can observe a cleanup of the Soviet times instigators' corrupt practices in public authorities. Interestingly enough, nowadays, the corruption situation in these countries is considerably better than in those were lustration was not conducted. However, it is worth noting that lustration per se is not the panacea for corruption, but it does help to create a fertile ground and serves as a springboard for further anti-corruption measures and reforms. Yet what we see in Slovenia is, in fact, an obvious deviation from this pattern. Lustration was not carried out here. Nonetheless, the country is among the best anti-corruption performers and can be compared with Estonia, where lustration took place. Today, Estonia is ranked by Transparency International’s CPI as a top performer among all other post-Soviet and post-socialist states. We, therefore, decided to look deeper into Slovenian anti-corruption efforts made by the new democratic government after the collapse of the Soviet Union, and to understand the reasons underlying its success in this field. Our research findings indicate that the first factor, which sets this situation apart, was filtering out the government authorities that could bring corrupt relationships or practices of the old Soviet regime, and replacing them with representatives of the nationally-oriented elites. This kind of purge, supposedly complemented by the factor of a small territorial and demographic size, created the advantageous conditions for corruption to be contained right from the start before it would become widespread. The second factor was following the GRECO recommendations to take institutional and legal anti-corruption measures during the process of accession to the European Union. Another defining characteristic of Slovenia is a relatively high quality of the political and good governance principles implementation inherent to the polyarchic democracy, which allows for corruption to be dealt with and kept at low levels through constant civil checks and balances over decisions and actions of authorities.
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Cragg, Wesley, and William Woof. "The U.S. Foreign Corrupt Practices Act: A Study of Its Effectiveness." Business and Society Review 107, no. 1 (March 2002): 98–144. http://dx.doi.org/10.1111/0045-3609.00129.
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Katou, Anastasia A. "The relationship between corrupt practices and organisational performance: an empirical investigation." International Journal of Business Governance and Ethics 8, no. 4 (2013): 323. http://dx.doi.org/10.1504/ijbge.2013.059162.
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Chung, Chan-Mo. "Data Localization: The Causes, Evolving International Regimes and Korean Practices." Journal of World Trade 52, Issue 2 (April 1, 2018): 187–208. http://dx.doi.org/10.54648/trad2018009.
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As control of information is the primary source of power in the information society, countries, corporations, and individuals are eager to gain control over more data and information and to hand over less of them to adversaries. National experiences show that there are some incentives for a country to move toward data localization. Some of the localization measures may be consistent with the current state of free-trade agreements such as the World Trade Organization’s General Agreement on Trade in Services. Even international trade agreements on the horizon, such as the Trans-Pacific Partnership and Trade in Services Agreement, allow some room for data localization. Drawing the fine line between prohibited and permitted data localization measures should wait for the future development of case law and state practice. Non-violation of the current international agreements, however, does not guarantee the best policy. Data localization tends to cause Galapagos syndrome, in which a short-term comfortable life in isolation leads to long-term extinction. This is particularly true in the market for electronic commerce, which is by its nature global rather than local. Data localization is a temporary abnormal phenomenon that occurs in a transient situation in which internet service providers fail to meet their social responsibility toward the community where the customers exist and incipient cooperation among national legal authorities fails to tackle the trans-border problems effectively.
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Koh, Bee Hui, Wai Peng Wong, Chor Foon Tang, and Ming K. Lim. "The double-edge resource-based view of logistics performance and governance in Asian countries." Asia Pacific Journal of Marketing and Logistics 30, no. 3 (June 11, 2018): 652–68. http://dx.doi.org/10.1108/apjml-07-2017-0135.
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PurposeAsia has been transformed into a well-regulated dynamic platform for trade and is today world’s fastest-developing economic region. However, the increasing cross-border economic activities create new opportunities for corruption. The purpose of this paper is to assess the impact of corruption on trade facilitation using logistics performance index (LPI). This paper also examines the moderating effect of governance or government effectiveness (GE) on the relationship between corruption and LPI within Asian countries.Design/methodology/approachA panel of time-series data from year 2007 to 2014 of 26 Asian countries was collected for analysis. Static linear panel models which comprised of pooled ordinary least squares, fixed-effect model and random-effect model were utilised to analyse the panel data.FindingsThe findings show that corruption significantly affects LPI and each of the six dimensions in LPI. The results also show that governance or GE has a moderating effect on the relationship between corruption and LPI.Practical implicationsThis study benefits Asian governments to gain a better understanding on influences of corruption on trade facilitation and triggering suggestions of a government role in the relationship. Practically, the results could be used as a guideline in improving national LPI. Besides, the findings could be used to support policy decision to modify corruption regulations at the national and regional levels.Originality/valueThis study reveals that the optimistic view of sands in the wheel overcomes the dark side of the grease in the wheel practices. To be corrupt free or less corrupt is a rare and inimitable resource capability that makes nations logistically competitive.
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Kreikemeyer, Anna. "State, Criminality and Security in Central Asia: What Do Eurasian Regional Organizations Contribute to Security and Peace?" Security and Human Rights 24, no. 2 (2013): 169–81. http://dx.doi.org/10.1163/18750230-02402008.
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How do the CSTO, SCO, EU and OSCE contribute to stability and peace in Central Asia? Power in the Central Asian states is patrimonial in nature. This leads to corruption and interlinkages can be identified between the state and various conflict factors, including the drug trade, ethnic conflicts, and Islamist extremism. The corrupt regimes seek above all to maintain their power and control of resources. This makes life hard for international organizations, whose contributions to security and peace are examined in turn.
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Malaguti, Maria-Chiara. "Restrictive Business Practices in International Trade and the Role of the World Trade Organization." Journal of World Trade 32, Issue 3 (June 1, 1998): 117–51. http://dx.doi.org/10.54648/trad1998023.
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Antràs, Pol, and C. Fritz Foley. "Poultry in Motion: A Study of International Trade Finance Practices." Journal of Political Economy 123, no. 4 (August 2015): 853–901. http://dx.doi.org/10.1086/681592.
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STAIGER, ROBERT W., and ALAN O. SYKES. "‘Currency manipulation’ and world trade." World Trade Review 9, no. 4 (August 24, 2010): 583–627. http://dx.doi.org/10.1017/s1474745610000340.
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AbstractCentral bank intervention in foreign exchange markets may, under some conditions, stimulate exports and retard imports. In the past few years, this issue has moved to center stage because of the foreign exchange policies of China. Numerous public officials and commentators argue that China has engaged in impermissible ‘currency manipulation’, and various proposals for stiff action against China have been advanced. This paper considers the relationship between exchange rate policy and international trade, and addresses the questions of whether and how currency manipulation should be addressed by the international trading system. Our conclusions are at odds with much of what is currently being said by proponents of multilateral or unilateral actions against China. In particular, we question whether China's practices can be adjudicated to be ‘manipulation’ under international law, and doubt that their trade effects can be identified with the degree of confidence necessary to ascertain whether the practices ‘frustrate the intent’ of WTO/GATT commitments. The difficulty of identifying the trade effects of currency practices undermines the ability of the WTO dispute resolution system to address them, and calls into question the wisdom and legitimacy of unilateral countermeasures that have been proposed in various quarters.
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Cossio, Esteban Ramón Ymaz. "El Soborno y el Arbitraje Internacional." Revista Brasileira de Arbitragem 6, Issue 21 (February 1, 2009): 82–89. http://dx.doi.org/10.54648/rba2009005.
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ABSTRACT: Wittily and thoroughly, this article analyzes the sensitive topic mentioned in its title. Within the framework of international corruption - and the struggle against it -, it describes how international arbitration is used abusively as a means to implement corrupt practices and avoid control. It examines various arbitration cases that had to deal with this topic, and focuses on the small number of awards effectively enforced and the different reasons for that: The severability of arbitration clauses, the evidence relating to corruption, the choice of the applicable law, the rule of confidentiality, among other issues.
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Badua, Frank. "LAYING DOWN THE LAW ON LOCKHEED: HOW AN AVIATION AND DEFENSE GIANT INSPIRED THE PROMULGATION OF THE FOREIGN CORRUPT PRACTICES ACT OF 1977." Accounting Historians Journal 42, no. 1 (June 1, 2015): 105–26. http://dx.doi.org/10.2308/0148-4184.42.1.105.
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This paper examines the events that led to the passage of the Foreign Corrupt Practices Act of 1977 (FCPA 1977, or simply, the Act). Central to the narrative are the actions undertaken by Lockheed Corporation, the politico-economic context in which it operated, the international scandals that resulted from its practices, and the landmark law that resulted from these events. The paper concludes with an analysis of dramatic changes in the subsequent enforcement of FCPA 1977, and a consideration of the efficacy of this reform as viewed from various lenses provided by economics, law, philosophy, and political science.