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Over the past decade, many of the world’s biggest companies have found themselves embroiled in legal disputes over corruption, fraud, environmental damage, tax evasion, or sanction violations. Corporations including Volkswagen, BP, and Credit Suisse have paid record-breaking fines. Many critics of globalization and corporate impunity cheer this turn toward accountability. Others, however, question American dominance in legal battles that seem to impose domestic legal norms beyond national boundaries. In this book, Cornelia Woll examines the politics of American corporate criminal law’s extraterritorial reach. As governments abroad seek to respond to US law enforcement actions against their companies, they turn to flexible legal instruments that allow prosecutors to settle a case rather than bring it to court. With her analysis of the international and domestic politics of law enforcement targeting big business, Woll traces the rise of what she calls “negotiated corporate justice” in global markets.
Woll charts the path to this shift through case studies of geopolitical tensions and accusations of “economic lawfare,” pitting the United States against the European Union, China, and Japan. She then examines the reactions to the new legal landscape, describing institutional changes in the common law countries of the United Kingdom and Canada and the civil law countries of France, Brazil, and Germany. Through an insightful interdisciplinary analysis of how the prosecution of corporate crime has evolved in the twenty-first century, Woll demonstrates the profound transformation of the relationship between states and private actors in world markets, showing that law is part of economic statecraft in the connected global economy.
This book provides an in-depth empirical analysis and theoretical history of the institutional development of EU police cooperation, with a focus on the creation and integration of Europol.
Presenting a thoroughly comprehensive analysis, the book systematically traces integration dynamics and the evolution of EU police cooperation over a 40-year period, assessing the influence of cross-country interdependencies, politicisation and policy entrepreneurship on Member States’ behaviour and institutional choice. By combining a wealth of sources including previously unpublished sources and personal insights from key decision-makers, it explores which driving factors shape processes of differentiation and integration in this sovereignty-sensitive policy domain, and how, and attempts to explain state preferences on international police cooperation in the light of major theories of European integration.
The book will be of key interest to students, scholars and practitioners working in or on the fields of police cooperation, Justice and Home Affairs policy, EU governance and security studies, both at national and European level.
Rethinking Corruption
(2023)
The Dual Nature of Multilateral Development Banks: Balancing Development and Financial Logics
(2023)
This Element offers a novel, highly relevant perspective towards Multilateral Development Banks (MDBs), which are development and financial organizations at the same time. Based on the elaborate institutional logics perspective borrowed from organizational sociology, it uncovers the complex trade-offs between financial and development pressures faced by MDBs and explains variation in organizational responses thereto across types of MDBs. The argument is tested with an original dataset using Data Envelopment Analysis to explain variation in response patterns across MDBs. The analysis shows that lending to the private sector as well as being predominantly owned by borrowing members increase MDBs' emphasis on the financial at the expense of the development nature. Thereby, this Element provides unique insights into MDBs' responses to their dual nature and significantly advances our understanding of MDB lending operations, drawing attention to the complexities involved in the unique MDB business model.
A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law. It aims to determine how the principle of primacy of EU law works in reality and whether the jurisprudence of the courts under analysis supports this concept. To this end, the book explores the three areas of constitutional conflict: ultra vires review, identity review, and fundamental rights review. The book substantiates the descriptive and strengthens the normative contributions of the theory of constitutional pluralism in relation to the web of relations in the European judicial space.
By examining the influence that the jurisprudence of constitutional conflict has on the balance of powers between the Court of Justice and constitutional courts, the volume develops the judicial triangle as an analytical tool that depicts the consequences for the horizontal (constitutional courts vis-à-vis the Court of Justice) and vertical judicial relationships (Court of Justice vis-à-vis ordinary national courts; constitutional courts vis-à-vis ordinary national courts).
By offering a thorough compilation of the jurisprudence of constitutional conflict in the EU, The Jurisprudence of Constitutional Conflict in the European Union improves our understanding of the principle of primacy of EU law and its limits, as well as reinforces the theory of constitutional pluralism in explaining and guiding judicial power relations and interactions in the EU.
Why was the Eurozone crisis so difficult to resolve? Why was it resolved in a manner in which some countries bore a much larger share of the pain than other countries? Why did no country leave the Eurozone rather than implement unprecedented austerity? Who supported and opposed the different policy options in the crisis domestically, and how did the distributive struggles among these groups shape crisis politics?
Building on macro-level statistical data, original survey data from interest groups, and qualitative comparative case studies, this book argues and shows that the answers to these questions revolve around distributive struggles about how the costs of the Eurozone crisis should be divided among countries, and within countries, among different socioeconomic groups. Together with divergent but strongly held ideas about the 'right way' to conduct economic policy and asymmetries in the distribution of power among actors, severe distributive concerns of important actors lie at the root of the difficulties of resolving the Eurozone crisis as well as the difficulties to substantially reform EMU. The book provides new insights into the politics of the Eurozone crisis by emphasizing three perspectives that have received scant attention in existing research: a comparative perspective on the Eurozone crisis by systematically comparing it to previous financial crises, an analysis of the whole range of policy options, including the ones not chosen, and a unified framework that examines crisis politics not just in deficit-debtor, but also in surplus-creditor countries.