CWR > Volume 2(1); 2016 > Articles
Research Paper
Published online: March 1, 2016
DOI: http://dx.doi.org/10.14330/cwr.2016.2.1.01
Home Countries and Transnational Bribery: China's Changing Approach
Ciprian N. Radavoi & Yongmin Bian
University of International Business and Economics
10 Huixin East Street, Chaoyang District, Beijing, 100029, P.R. China
Corresponding Author: radavoi@uibe.edu.cn
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
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 arguments 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.
Keywords : Business Ethics, China, FCPA, International Bribery, OECD, Transnational Corruption.
