Showing 1 - 10 of 191
Mexico is currently one of the most important hotspots of criminal activity with effects in the Western Hemisphere. In this criminal dynamic, the Sinaloa Cartel, The Gulf Cartel, “La Familia Michoacana”, “The Knights Templar” and “Los Zetas” are some of the most relevant criminal...
Persistent link: https://www.econbiz.de/10012963760
This paper explores when extraterritorial application of national laws is an appropriate solution to global problems. As a case study, the paper analyzes enforcement of national anti-bribery legislation based on the Anti-Bribery Convention of the Organization for Economic Cooperation and...
Persistent link: https://www.econbiz.de/10012961318
The paper argues that doctrinal changes in the enforcement of FCPA actions have led to an ignoring of the corporate form and suggests that a more structured approach would lead to fairer outcomes and achieve the goals the FCPA was designed for
Persistent link: https://www.econbiz.de/10013010119
The eminent case of Aguinda v. Chevron Corporation, currently in its twentieth year of litigation, represents a growing phenomenon in international commercial litigation between multinational corporations and victims of human rights abuse from developing nations. In 2011 Aguinda awarded...
Persistent link: https://www.econbiz.de/10013017523
This article is the first that discusses how national enforcement authorities have been using bundling, meaning tying or rolling up a number of things together, to settle with corporations over multiple bribery allegations. These settlements rely on some allegedly illegal acts that defendants...
Persistent link: https://www.econbiz.de/10012922541
The paper argues that without a realistic understanding of criminal enterprise located against the commercial forces shaping contemporary Asian market contexts, then domestic, bi-lateral, regional and international control initiatives are not only likely to fail in their regulatory objectives,...
Persistent link: https://www.econbiz.de/10014176169
Popular culture has presented a series of what Harlan Ellison might call "dangerous visions" wherein man's creations become his master. This trope is as old as speculative fiction, but The Matrix adds a new twist in that machines are able to project an alternate reality that hides the role...
Persistent link: https://www.econbiz.de/10014060332
The unintended consequences of prohibition on domestic markets are well documented (Miron and Zwiebel, 1995). The enforcement of these prohibitions denies the extralegal enterprise (XLE) access to property rights and contract enforcement from the state. Consequently, XLEs must provide their own...
Persistent link: https://www.econbiz.de/10014031040
With the ascendance of the terrorist group known as the Islamic State of Iraq and Syria (ISIS), the international community has struggled to adapt to the new international security context. Among the challenges that are currently being confronted are questions relating to how states may...
Persistent link: https://www.econbiz.de/10014035722
Acting in the interest of their residents, within limits imposed by Federal statute and by the Constitution, states have incentives to impose taxes on the profits of corporations owned by nonresidents. This paper presents a model within which a state, using an apportionment formula that includes...
Persistent link: https://www.econbiz.de/10010274909