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
Permalink -

https://research.usq.edu.au/item/z289y/home-countries-and-transnational-bribery-china-s-changing-approach

Log in to edit

Download files

Published Version
cwr_v2n1_01.pdf
License: CC BY-NC 3.0
File access level: Anyone

  • 115
    total views
  • 64
    total downloads
  • 16
    views this month
  • 7
    downloads this month

Export as

Related outputs

Preserving human relevance, as a new social responsibility of business in the AI age
Radavoi, Ciprian N.. 2025. "Preserving human relevance, as a new social responsibility of business in the AI age." Social Responsibility Journal. https://doi.org/10.1108/SRJ-01-2025-0011
Incorporating the Right to a Healthy Environment (RTHE) into China's Eco-Environmental Code: International Experience, National Context, and Legislative Recommendations
He, Lingling and Radavoi, Ciprian N.. 2025. "Incorporating the Right to a Healthy Environment (RTHE) into China's Eco-Environmental Code: International Experience, National Context, and Legislative Recommendations ." Zhao, Xiaobo, McNamara, Noeleen, Gong, Gu and Wu, Kaijie (ed.) Environmental Law Codification in China: Paradigm Change in Environmental Legislation. Singapore . Springer. pp. 191-213
'The customer is always right': why some uni teachers give higher grades than students deserve
Radavoi, ‘The customer is always right’: why some uni teachers give higher grades than students deserve, Quadrelli, Carol and Collins, Pauline. 2025. "'The customer is always right': why some uni teachers give higher grades than students deserve." The Conversation. https://doi.org/10.64628/AA.h4j94vxwm
Why have athletes stopped 'taking a knee'?
Radavoi, Ciprian N. and Bromdal, Annette. 2025. "Why have athletes stopped 'taking a knee'?" The Conversation.
Why has 'taking a knee' failed as athlete activism?
Radavoi, Ciprian N and Bromdal, Annette. 2025. "Why has 'taking a knee' failed as athlete activism? " International Journal of Sport Policy and Politics. https://doi.org/10.1080/19406940.2025.2515165
Assessment in the age of artificial intelligence: Interdisciplinary analysis of ChatGPT response to higher education assessment tasks
Tenakwah, Emmanuel Senior, Boadu, Gideon, Tenakwah, Emmanuel Junior, Parzakonis, Michael, Brady, Mark, Kansiime, Penny, Said, Shannon, Eyaa, Sarah, Ayilu, Raymond Kwojori, Radavoi, Ciprian and Berman, Alan. 2025. "Assessment in the age of artificial intelligence: Interdisciplinary analysis of ChatGPT response to higher education assessment tasks." Knowledge Management and E-Learning. 17 (1). https://doi.org/10.34105/j.kmel.2025.17.001
Moral Responsibility in Grade Inflation: Where Does It Lie?
Radavoi, Ciprian N., Quadrelli, Carol and Collins, Pauline. 2025. "Moral Responsibility in Grade Inflation: Where Does It Lie?" Journal of Academic Ethics. https://doi.org/10.1007/s10805-025-09627-x
Australian Law in Context Social, Political Global Perspectives, 2nd edition
Radavoi, Ciprian and Norris, Stephen. 2025. Australian Law in Context Social, Political Global Perspectives, 2nd edition . Australia. Lexis Nexis.
Refraining from exploiting disaster-hit communities, as an emerging principle of corporate social responsibility
Radavoi, Ciprian N. and He, Lingling. 2025. "Refraining from exploiting disaster-hit communities, as an emerging principle of corporate social responsibility." Disasters: the journal of disaster studies, policy and management. 49 (1). https://doi.org/10.1111/disa.12671
What should communities stipulate in their (macro)social contract with business? Updated CSR commandments for corporations
Radavoi, Ciprian N.. 2024. "What should communities stipulate in their (macro)social contract with business? Updated CSR commandments for corporations." Business and Society Review. 129 (3), pp. 373-397. https://doi.org/10.1111/basr.12365
Ante-factum legislative general vaccination mandates as a solution to legal hypocrisy in pandemics
Radavoi, Ciprian N.. 2024. "Ante-factum legislative general vaccination mandates as a solution to legal hypocrisy in pandemics." World Medical and Health Policy. 16 (3), pp. 260-272. https://doi.org/10.1002/wmh3.606
True Justice through deep listening on Country: decolonising legal education in Australia
Bird, Susan, Rawnsley, John Trevor and Radavoi, Ciprian. 2023. "True Justice through deep listening on Country: decolonising legal education in Australia." AlterNative: an international journal of indigenous peoples. 19 (4), pp. 892-901. https://doi.org/10.1177/11771801231198566
Rural Communities in International Law: Non-State Actors?
Radavoi, Ciprian N.. 2023. "Rural Communities in International Law: Non-State Actors?" Texas International Law Journal. 58 (1), pp. 1-19.
Effective multilateralism for an intergenerational covenant: Via universal rights or national interests?
Radavoi, Ciprian N. and Rayman-Bacchus, Lez. 2023. "Effective multilateralism for an intergenerational covenant: Via universal rights or national interests?" Futures. 151. https://doi.org/10.1016/j.futures.2023.103192
Rural and Remote Communities as Non-State Actors: A Legal and Moral Argument
Radavoi, Ciprian Nicolae and Price, David. 2023. Rural and Remote Communities as Non-State Actors: A Legal and Moral Argument. United Kingdom. Routledge.
Socioeconomic rights in the age of pandemics: Covid-19 large-scale lockdowns have exposed the weakness of the right to work
Radavoi, Ciprian N. and Quirico, Ottavio. 2022. "Socioeconomic rights in the age of pandemics: Covid-19 large-scale lockdowns have exposed the weakness of the right to work." Journal of Human Rights. 21 (1), pp. 73-90. https://doi.org/10.1080/14754835.2021.1971071
Pedestrians’ rights in the time of the e-scooter: What happened to the ‘foot’ in footpath?
Radavoi, Ciprian N and Potter, Wellett. 2022. "Pedestrians’ rights in the time of the e-scooter: What happened to the ‘foot’ in footpath?" Alternative Law Journal . 47 (3), pp. 217-221. https://doi.org/10.1177/1037969X221108806
Law-guided CS: Ten Commandments for the 21st Century
Radavoi, Ciprian, Spencer, Elizabeth Crawford and Lee, Karen. 2022. "Law-guided CS: Ten Commandments for the 21st Century." Journal of Regulatory Compliance. 9, pp. 36-63.
Economics and Disability Rights: Inclusive Sustainability
Quirico, Ottavio and Radavoi, Ciprian. 2022. "Economics and Disability Rights: Inclusive Sustainability." Quirico, Ottavio (ed.) Inclusive Sustainability: Harmonising Disability Law and Policy . Singapore. Springer. pp. 107-129
The need for durable institutions for future generations: Mobilising the citizenry
Radavoi, Ciprian N. and Rayman-Bacchus, Lez. 2021. "The need for durable institutions for future generations: Mobilising the citizenry." Futures. 132. https://doi.org/10.1016/j.futures.2021.102820
The Impact of Artificial Intelligence on Freedom, Rationality, Rule of Law and Democracy: Should We Not Be Debating It?
Radavoi, Ciprian N.. 2020. "The Impact of Artificial Intelligence on Freedom, Rationality, Rule of Law and Democracy: Should We Not Be Debating It?" Texas Journal on Civil Liberties and Civil Rights. 25 (2), pp. 107-129.
First Peoples and Demographic Change in Australia: Was the Constitutional Statement of Recognition Too Easily Discarded?
Radavoi, Ciprian Nicolae. 2020. "First Peoples and Demographic Change in Australia: Was the Constitutional Statement of Recognition Too Easily Discarded?" ab-Original: Journal of Indigenous Studies and First Nations and First Peoples' Cultures. 3 (2), pp. 264-274. https://doi.org/10.5325/aboriginal.3.2.0264
Advancing culture’s role in sustainable development: social change through cultural policy
Rayman-Bacchus, Lez and Radavoi, Ciprian N.. 2020. "Advancing culture’s role in sustainable development: social change through cultural policy." The International Journal of Cultural Policy. 26 (5), pp. 649-667. https://doi.org/10.1080/10286632.2019.1624735
Isomorphic Mutation and Strategic Adaptation in China's CSR Standards for Overseas Investors
Radavoi, Ciprian N. and Bian, Yongmin. 2020. "Isomorphic Mutation and Strategic Adaptation in China's CSR Standards for Overseas Investors." Díaz, Belén Díaz, Capaldi, Nicholas, Idowu, Samuel O. and Schmidpeter, René (ed.) Responsible Business in a Changing World: New Management Approaches for Sustainable Development. Switzerland. Springer. pp. 247-270
Australian Law in Context: Social, Political and Global Perspectives
Radavoi, Ciprian and Norris, Stephen. 2020. Australian Law in Context: Social, Political and Global Perspectives. Australia. Lexis Nexis.
The Asian Infrastructure Investment Bank's environmental and social policies: a critical discourse analysis
Radavoi, Ciprian N. and Bian, Yongmin. 2018. "The Asian Infrastructure Investment Bank's environmental and social policies: a critical discourse analysis." Journal of International and Comparative Social Policy. 34, pp. 1-18. https://doi.org/10.1080/21699763.2017.1372301
Indirect Responsibility in Development Lending: Do Multilateral Banks Have an Obligation to Monitor Project Loans?
Radavoi, Ciprian N.. 2018. "Indirect Responsibility in Development Lending: Do Multilateral Banks Have an Obligation to Monitor Project Loans?" Texas International Law Journal. 53 (1), pp. 1-21.
Towards the Consolidation of Movable Security Registration: Is the Successful Romanian Model Applicable in China?
Wang, Shumin, Radavoi, Ciprian N. and Scaunasu, Ion. 2017. "Towards the Consolidation of Movable Security Registration: Is the Successful Romanian Model Applicable in China?" The Chinese Journal of Comparative Law. 5 (1), pp. 173-189. https://doi.org/10.1093/cjcl/cxx006
Thoughts on the U.N. 2017 Population Prospects: Procreation-Related Internationally Wrongful Acts, and Overpopulation as Global Risk
Radavoi, Ciprian N.. 2017. "Thoughts on the U.N. 2017 Population Prospects: Procreation-Related Internationally Wrongful Acts, and Overpopulation as Global Risk." Pace International Law Review. 30 (1), pp. 119-145.
The Immigration Crisis' Challenge to the Universality of Intergenerational Justice
Radavoi, Ciprian N.. 2016. "The Immigration Crisis' Challenge to the Universality of Intergenerational Justice." Journal of Identity and Migration Studies. 10 (2), pp. 34-41.
Voluntary Engagement, Compulsory Marriage? The Necessity and Opportunity of Community-Investor Environmental Arbitration
Radavoi, Ciprian. 2016. "Voluntary Engagement, Compulsory Marriage? The Necessity and Opportunity of Community-Investor Environmental Arbitration." South Carolina Journal of International Law and Business. 12 (2), pp. 117-144.
Factors Countervailing Immigrant Phobia: A Paradoxically Successful Case of Chinese Migration
Radavoi, Ciprian. 2015. "Factors Countervailing Immigrant Phobia: A Paradoxically Successful Case of Chinese Migration." Romanian Review of Political Science and International Relations. 12 (1), pp. 3-20.
Fenceline Communities and Environmentally Damaging Projects: An Asymptotically Evolving Veto Right
Radavoi, Ciprian. 2015. "Fenceline Communities and Environmentally Damaging Projects: An Asymptotically Evolving Veto Right." Tulane Environmental Law Journal. 29 (1).
Fenceline Communities and Environmentally Damaging Projects: An Asymptotically Evolving Right To Veto
Radavoi, Ciprian N.. 2015. "Fenceline Communities and Environmentally Damaging Projects: An Asymptotically Evolving Right To Veto." Tulane Environmental Law Journal. 29, pp. 1-29.
Locating local community interests between government's assurances and investor's expectations
Radavoi, Ciprian. 2015. "Locating local community interests between government's assurances and investor's expectations." Rayman-Bacchus, Lez and Walsh, Philip (ed.) Corporate Responsibility and Sustainable Development: Exploring the Nexus of Private and Public Interests . Routledge-Cavendish. pp. 81-99
Enhancing the Responsibility of Transnational Corporations: The Case for Decoupling the Environmental Issues
Radavoi, Ciprian N. and Bian, Yongmin. 2014. "Enhancing the Responsibility of Transnational Corporations: The Case for Decoupling the Environmental Issues." Environmental Law Review. 16 (3), pp. 168-182. https://doi.org/10.1350/enlr.2014.16.3.216
Why China Should Regulate Its Overseas Investors’ Environmental Behavior
Radavoi, Ciprian N. and Bian, Yongmin. 2014. "Why China Should Regulate Its Overseas Investors’ Environmental Behavior." Beijing Law Review. 5 (1), pp. 22-33. https://doi.org/10.4236/blr.2014.51003