Home Countries and Transnational Bribery: China’s Changing Approach

Article


Radavoi, Ciprian and Bian, Yongmin. 2016. "Home Countries and Transnational Bribery: China’s Changing Approach." China and WTO Review. 2 (1), pp. 7-32. https://doi.org/10.14330/cwr.2016.2.1.01
Article Title

Home Countries and Transnational Bribery: China’s Changing Approach

Article CategoryArticle
AuthorsRadavoi, Ciprian and Bian, Yongmin
Journal TitleChina and WTO Review
Journal Citation2 (1), pp. 7-32
Number of Pages26
Year2016
Digital Object Identifier (DOI)https://doi.org/10.14330/cwr.2016.2.1.01
Web Address (URL)http://cwr.yiil.org/home/archives_v2n1_01
Abstract

In 1999, Professor Philip Nichols argued that FCPA-style home country laws are efficient in combating transnational bribery, unlike host country regulation and corporate self-regulation. Observing feeble results obtained in 15 years of OECD Anti-bribery Convention, we find arguments for amending this assertion: home countries, aside from enforcing their own laws banning foreign bribery, should reconsider the classical ways of fighting transnational corruption, by helping host governments in their anti-corruption efforts and
by encouraging their own corporations to join international dialogic webs. After presenting an original analysis of the reasons behind the limited impact of FCPA-style action, we then further argue for the two alternative solutions backed by home states, looking respectively at the spectacular results of the anti-corruption campaign in Romania with US support, and at China’s recent position that her corporations should adhere to international private standards on foreign bribery.

KeywordsChina; Business; Ethics; OECD; Transnational Corruptio; international bribery
ANZSRC Field of Research 2020480799. Public law not elsewhere classified
Byline AffiliationsUniversity of International Business and Economics, China
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