scholarly journals The Impact of Corporate Liability on Corruption in Latin America

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 320-325
Author(s):  
Guillermo Jorge

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.

2021 ◽  
Vol 54 (2) ◽  
pp. 200-218
Author(s):  
Maria Paula Bertran ◽  
Maria Virgínia Nabuco do Amaral Mesquita Nasser

This paper discusses the adaptation and feasibility of some of the tools shared by the OECD Convention and the U.S. Foreign Corrupt Practices Act. The article highlights three of them: incentives and protection to whistleblowers, prosecutorial discretion, and different forms of negotiated justice, including plea bargaining. We call these tools the OECD/FCPA paradigm. We claim that the OECD/FCPA paradigm hardly reconciles criminal punishment needs in Latin American countries. We offer three primary reasons for this inadaptation. The first reason is that most Latin American countries have what the literature calls “disseminated corruption as a point of equilibrium” for grand corruption. In an environment with disseminated corruption (as described in the plea agreement in the Odebrecht case), all actors have incentives to accept or offer bribes. It creates a pragmatic incompatibility with prosecutorial discretion and plea bargaining, as some politicians or businesspersons would suffer anti-bribery enforcement, while many others - including the former’s competitors - would not. The second reason is that the OECD/FCPA paradigm weakens the system of control implemented in many countries, as it reserves the power to a limited number of agencies and prosecutors. Considering environments with disseminated corruption, the concentration of power - and discretion - over a limited number of agents creates the institutional design for the lack of accountability and perhaps collusion. The third reason is mainly connected to Latin America's political history. We argue that collaboration agreements, whistleblowers, and discretion are prone to magnify certain cases of corruption. Considering the traditional connection between corruption scandals and political instability in Latin America, we argue that the OECD/FCPA paradigm offers deleterious tools to political exploitation of anti-bribery enforcement.


2008 ◽  
Vol 55 (3) ◽  
pp. 279-308
Author(s):  
Jean-Pierre Allegret ◽  
Alain Sand-Zantman

This paper assesses the monetary consequences of the Latin-American integration process. Over the period 1991-2007, we analyze a sample of five Latin-American countries focusing on the feasibility of a monetary union between L.A. economies. To this end, we study the issue of business cycle synchronization with the occurrence of common shocks. First, we assess the international disturbances influence on the domestic business cycles. Second, we analyze the impact of the adoption of different exchange rate regimes on the countries' responses to shocks. .


Author(s):  
Gisela Mateos ◽  
Edna Suárez-Díaz

On December 8, 1953, in the midst of increasing nuclear weapons testing and geopolitical polarization, United States President Dwight D. Eisenhower launched the Atoms for Peace initiative. More than a pacifist program, the initiative is nowadays seen as an essential piece in the U.S. defense strategy and foreign policy at the beginning of the Cold War. As such, it pursued several ambitious goals, and Latin America was an ideal target for most of them: to create political allies, to ease fears of the deadly atomic energy while fostering receptive attitudes towards nuclear technologies, to control and avoid development of nuclear weapons outside the United States and its allies, and to open or redirect markets for the new nuclear industry. The U.S. Department of State, through the Foreign Operations Administration, acted in concert with several domestic and foreign middle-range actors, including people at national nuclear commissions, universities, and industrial funds, to implement programs of regional technical assistance, education and training, and technological transfer. Latin American countries were classified according to their stage of nuclear development, with Brazil at the top and Argentina and Mexico belonging to the group of “countries worthy of attention.” Nuclear programs often intersected with development projects in other areas, such as agriculture and public health. Moreover, Eisenhower’s initiative required the recruitment of local actors, natural resources and infrastructures, governmental funding, and standardized (but localized techno-scientific) practices from Latin American countries. As Atoms for Peace took shape, it began to rely on newly created multilateral and regional agencies, such as the International Atomic Energy Agency (IAEA) of the United Nations and the Inter-American Nuclear Energy Commission (IANEC) of the Organization of American States (OAS). Nevertheless, as seen from Latin America, the implementation of atomic energy for peaceful purposes was reinterpreted in different ways in each country. This fact produced different outcomes, depending on the political, economic, and techno-scientific expectations and interventions of the actors involved. It provided, therefore, an opportunity to create local scientific elites and infrastructure. Finally, the peaceful uses of atomic energy allowed the countries in the region to develop national and international political discourses framing the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean signed in Tlatelolco, Mexico City, in 1967, which made Latin America the first atomic weapons–free populated zone in the world.


Author(s):  
Alexandra Huneeus

This chapter seeks to explain why the impact of the Inter-American Court of Human Rights varies greatly across the different Latin American countries under its jurisdiction. Three case studies suggest that the uneven spread of constitutional ideas and practices across Latin America helps shape the type of authority the IACtHR exerts. In Colombia, where neoconstitutionalist lawyers were able to successfully ally themselves with reformers and participate in the construction of a new constitution and court starting in 1991, the Court now enjoys narrow, intermediate, and extensive authority. In Chile, where constitutional reform was muted, and neoconstitutionalist doctrines have not found strong adherents in the judiciary, the IACtHR has achieved narrow authority and, at times, intermediate authority. In Venezuela, neoconstitutionalism was sidelined as the new Bolivarian constitutional order was forged. Meanwhile, the Mexican case study suggests that the neoconstitutionalist movement can also work transnationally.


Author(s):  
Katherine M. Marino

The chapter explores how tensions over Doris Stevens’s leadership exploded at the 1933 Seventh International Conference of American States in Montevideo, where Bertha Lutz launched serious challenges against her. There, Lutz allied with representatives from the U.S. State Department and U.S. Women’s and Children’s Bureaus in the new administration of Franklin Delano Roosevelt, including Sophonisba Breckinridge, who also opposed Stevens’s leadership of the Commission. The conflict between Stevens’s “equal rights” feminism, focused on political and civil rights, versus an inter-American feminism that also encompassed social and economic justice, became even more pronounced in the wake of the Great Depression, Chaco War, and revolutions throughout Latin America. Feminist debates took center stage in Montevideo. There, Lutz promoted women’s social and economic concerns. But her assumptions of U.S./Brazilian exceptionalism prevented her from effectively allying with growing numbers of Spanish-speaking Latin American feminists who opposed Stevens’s vision. The 1933 conference pushed forward the Commission’s treaties for women’s rights, and four Latin American countries signed the Equal Rights Treaty. It also inspired more behind-the-scenes organizing by various Latin American feminists and statesmen, including the formation of a new group, the Unión de Mujeres Americanas, that would later bear fruit.


2020 ◽  
pp. 55-70
Author(s):  
Magda Hinojosa ◽  
Miki Caul Kittilson

Chapter 3 focuses on a select set of Latin American countries (Honduras, Bolivia, Nicaragua, and Panama) where women’s legislative representation doubled from one election to the next and rose above 20 percent. Detecting the effects of quotas and descriptive representation is complicated. Available survey evidence is inadequate to discern clear patterns on how sizable jumps in the numbers of women in political office influence political engagement and support. Cross-national survey timing makes it even more difficult to gauge the impact of these changes. Further, these gains may not have always been publicly visible, and a variety of salient campaign issues and events contend for the public’s attention and may overshadow the influence of women’s election to office. Assessing changes to political engagement and political support requires precise methods. In this way, this chapter sets up the analysis using our unique survey from Uruguay.


Author(s):  
Nieve Rubaja ◽  
María Mercedes Albornoz

Private International Family Law has been challenged by the impact of recent social changes. Such an impact is shaped by an increasing globalization, new types of families, and, especially, technology and biomedical developments. Some of the new complex situations call for the creation of original solutions. Latin American countries are making efforts to gradually include in their domestic Private International Law provisions that capture this scenario. However, some international treaties still in force in the region were drafted many years ago, reflecting cultural, religious and social conceptions which have been outgrown by new realities and principles nowadays prevailing. This chapter shows some of the difficulties, possibilities and challenges that the most relevant multilateral legal instruments currently face in Latin America. It also explores and highlights the work of several international bodies in order to achieve the international protection of families and, in particular, to guarantee the rights of children.


2012 ◽  
Vol 209 ◽  
pp. 59-81 ◽  
Author(s):  
Rhys Jenkins ◽  
Alexandre de Freitas Barbosa

AbstractThere has been considerable concern in Latin America over the implications of increased competition from China for local industry. These concerns include the possibility of “deindustrialization,” the increased “primarization” of the region's exports and the difficulties of upgrading manufactured exports into higher technology products. This article examines the impact of Chinese competition both in the domestic market and in export markets on Brazilian industry. It documents the increased penetration of Chinese manufactures in the Brazilian market and the way in which Brazilian exports have lost market share to China in the US, European Union and four Latin American countries. Brazil, because of its more developed and locally integrated industrial sector, is not typical of other Latin American countries and the article also discusses the relevance of the Brazilian experience for the region as a whole.


2020 ◽  
Vol 54 (1) ◽  
pp. 11-31
Author(s):  
Fabrício Ramos Neves ◽  
Mauricio Gómez-Villegas

Abstract Latin American countries have undergone a growing interest in international accounting standards. Several countries are making progress in the adoption of international standards driven by different internal factors as well as external dynamics. The role of experts in the design of public policies associated with international standards has been studied by the epistemic community theory, which is the theoretical framework used in this study to address the influence of different international organizations on the adoption of IPSAS in Brazil and Colombia. This paper discusses the isomorphic institutional pressure exerted over the governments of these two countries in order to meet an international standard considered to be adequate. Meanwhile, the emerging trend towards the adoption of IPSAS in Latin America continues to grow, although some obstacles to achieving the goals defined in the reform arise.


2020 ◽  
Vol 47 (10) ◽  
pp. 1265-1281
Author(s):  
Mert Akyuz ◽  
Cagin Karul ◽  
Ibrahim Demir

PurposeThe aim of this research is to investigate the causal relationship between trade openness (TO) and life expectancy (LE) at birth in Latin American countries over the period of 1980–2014.Design/methodology/approachThe bootstrap panel Granger causality test proposed by Emirmahmutoglu and Kose (2011) was used to determine the direction of causality in the presence of cross-sectional dependency and heterogeneity among Latin American countries. Also, four different tests were employed in order to determine the cross-sectional dependency and slope homogeneity. The stationarity properties of variables were inspected by employing a unit root test.FindingsThe findings indicated that Granger causality existed between TO and LE, at birth which was running from the former to the latter for panel. On a country basis, TO Granger caused LE at birth for countries with low level of economic development and higher taxes on income and profits.Practical implicationsThis study provides new insights for policymaking regarding the role of TO in achieving comprehensive economic reforms to increase LE at birth during a period of intense trade rivalry across nations.Originality/valueAlthough research in the literature has mainly focused on the impact of TO on LE at birth with panel data, most studies ignored the regional effects. It is the authors’ concern that the direction of causality can be country-specific and have regional characteristics. In this regard, instead of dividing countries for a specific region into two parts such as developing and developed, the authors investigated the pattern of trade–health link for a specific region, Latin America.


Sign in / Sign up

Export Citation Format

Share Document