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"LEGAL ENFORCEMENT"
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Anti-Corruption Laws in Colombia: Lessons from the Case of Odebrecht and Corficolombiana
This article critically examines Colombia’s anti-corruption legal framework through the lens of the Odebrecht and Corficolombiana scandal surrounding the “Ruta del Sol 2” infrastructure project. Although Colombia has formally adopted robust anti-corruption laws aligned with international standards – particularly those promoted by the OECD – this study reveals serious shortcomings in their enforcement and practical application. By contrasting Colombia’s response to the scandal with that of the United States, the article illustrates how U.S. authorities were far more effective in uncovering critical facts, imposing penalties, and securing compensation, despite the events occurring abroad. In Colombia, by contrast, institutional weaknesses, lack of prosecutorial independence, and political interference significantly undermined legal responses. Drawing on legal analysis and case documentation, the article identifies structural and interpretive challenges within Colombia’s anti-corruption statutes, such as legislative instability, inconsistent implementation, and limited capacity to prosecute powerful actors. The analysis also addresses the limitations of punitive and administrative tools against corporate actors and explores the failure of asset recovery mechanisms. Ultimately, the article argues that while Colombia’s anti-corruption laws are formally comprehensive, they remain politically constrained and institutionally fragile, raising important concerns about legal transplants and rule-of-law reforms in contexts marked by entrenched elite impunity. The paper concludes with lessons for comparative anti-corruption governance and legal reform in Latin America.
Journal Article
On the Determinants of Corporate Social Responsibility: International Evidence on the Financial Industry
This article sets out to undertake a thorough, point-by-point examination of the theory postulated by Campbell (2007), in which an attempt is made to specify the conditions under which corporations may or may not act in socially responsible ways. In order to ensure the overall reliability of our study, and to attempt to provide a new understanding of, and greater insights into, whether corporate social responsibility (CSR) is affected by financial and institutional variables, we empirically investigate a total of 520 financial firms in 34 countries, between the years 2003 and 2005. Our empirical findings are: (i) finns with larger size are more CSR minded, and the financial performance and CSR are not related; (ii) finns would actually act in more socially responsible ways to enhance their competitive advantages when the market competitiveness is more intense; (iii) financial firms in countries with stronger levels of legal enforcement tend to engage in more CSR activities; however, interestingly and rather strikingly, those finns in countries with stronger shareholder rights tend to engage in less CSR activities; and (iv) self-regulation within the financial industry has a significantly positive effect on CSR, with firms being found to act in more socially responsible ways in those countries which have more cooperative employer-employee relations, higher quality management schools, and a better macroeconomic environment.
Journal Article
Surveillance at Sea: Legal Aspects of Offshore Installation's Utilization
As the sea possesses rich variations of resources, it also imposes threats to the security and defense interests of a nation. Oil and gas exploration is one of the most important economic activities in the sea. In Indonesia, hundreds of offshore oil and gas platforms comprise thirty percent of the total oil and gas production. This signifies the importance of their establishment to the economy. However, their potentials do not stop there. As Indonesia is comprised of a very vast water area, the surveillance system still needs improvement. The article proposes to combine these interests into manifesting a simple surveillance system in offshore oil and gas platforms to improve defense and security systems, both for maritime routes in general and also the installations. The proposal prioritizes installations that are no longer operating, shifting their functions for other beneficial means. This is supported by the current law and regulations of the sea, both at the international and national levels. The international law of the sea implies that surveillance and data collection is allowed within the jurisdictional and territorial waters, whereas national levels allow functional shifting and defense system improvement in installations as long as it is coordinated with relevant ministries.
Journal Article
Technologies of suspicion and the ethics of obligation in political asylum
\"Across the globe, migration has been met with intensifying modes of criminalization and securitization, and claims for political asylum are increasingly met with suspicion. Asylum seekers have become the focus of global debates surrounding humanitarian obligations, on the one hand, and concerns surrounding national security and border control, on the other. In Technologies of Suspicion and the Ethics of Obligation in Political Asylum, contributors provide fine-tuned analyses of political asylum systems and the adjudication of asylum claims across a range of sociocultural and geopolitical contexts. The contributors to this timely volume, drawing on a variety of theoretical perspectives, offer critical insights into the processes by which tensions between humanitarianism and security are negotiated at the local level, often with negative consequences for asylum seekers. By investigating how a politics of suspicion within asylum systems is enacted in everyday practices and interactions, the authors illustrate how asylum seekers are often produced as suspicious subjects by the very systems to which they appeal for protection. Contributors: Ilil Benjamin, Carol Bohmer, Nadia El-Shaarawi, Bridget M. Haas, John Beard Haviland, Marco Jacquemet, Benjamin N. Lawrance, Rachel Lewis, Sara McKinnon, Amy Shuman, Charles Watters\"-- Provided by publisher.
Book
Kicking back against kickbacks: An examination of the Foreign Corrupt Practices Act and US foreign investment
This paper studies the effect of the United States (US) Foreign Corrupt Practices Act (FCPA) on US multinational firms’ foreign direct investment (FDI). Unlike prior studies that focused on the passage of the FCPA, our study examines how the actual enforcement of the FCPA affects firms’ foreign investment decisions. We show that initial FCPA enforcement in a host country triggers MNEs to reassess their likelihood of being targeted, which in turn has a strong deterrence effect on subsequent US FDI growth in the host country. This deterrence effect is stronger for host countries with a weaker rule of law and more severe corruption issues. We did not find evidence of significant FDI relocation due to FCPA enforcement. Together, these results provide a comprehensive evaluation of the implications of FCPA enforcement in the global market for FDI.
Journal Article
Tell me how it ends : an essay in forty questions
\"Structured around the forty questions Luiselli translates and asks undocumented Latin-American children facing deportation, Tell Me How It Ends (an expansion of her 2016 Freeman's essay of the same name) humanizes these young migrants and highlights the contradiction of the idea of America as a fiction for immigrants with the reality of racism and fear--both here and back home\"-- Provided by publisher.
BOOK
Do control mechanisms always promote collaborative performance: the role of formal institutions and business ties
Purpose
This paper aims to examine the effectiveness of control mechanisms in promoting collaborative performance by exploring the moderating effects of formal institutions (government support and legal enforcement in this study) and informal ties (business ties in this study) on the relationship between control mechanisms and collaborative performance.
Design/methodology/approach
A conceptual model is developed with the direct effects of contractual execution and relational norms on collaborative performance and the moderating effects of government support, legal enforcement and business ties on the above relationships. Hierarchical regression analysis is used to test the hypotheses based on 393 responses from Chinese computer and computer components distributors.
Findings
The empirical results generally support the conceptual model. First, consistent with most previous studies, both contractual execution and relational norms contribute to collaborative performance. Second, government support and business ties weaken the role of contractual execution, whereas legal enforcement strengthens it. Third, business ties enhance the effects of relational norms, and, unexpectedly, government support also fosters the relationship between relational norms and collaborative performance.
Originality/value
First, this study solves the problem of conflicting findings on the relationship between contract and performance by examining the effect of contractual execution, rather than contract design, on collaborative performance. Second, this study contributes to institutional theory by examining the moderating role of formal institutions. Third, this study deepens the understanding of the role of business ties by exploring its moderating effect on the relationship between control mechanisms and collaborative performance.
Journal Article