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Introduction: Corporations Beyond the Law? Regulation, Risk and Corporate Crime in a Globalised Era

NCJ Number
200312
Journal
Risk Management: An International Journal Volume: 4 Issue: 2 Dated: 2003 Pages: 9-16
Author(s)
Steve Tombs; Dave Whyte
Date Published
2003
Length
8 pages
Annotation
This article examines the way in which globalization and the emergence of transnational corporations have allowed corporations to operate beyond the law.
Abstract
The authors contend that as globalization marches forward, transnational corporations are increasingly beyond the law, left to operate virtually free of state scrutiny or regulation. In fact, it is the fact that historically, corporate crime was less avidly investigated and prosecuted that led to the increasing scale of transnational and multinational corporations. According to one argument, the main implication of the transnational level of corporate activity is that governments now exert less political control over economies and over key actors within economies. This type of laissez-faire attitude toward corporate crime has led to large-scale and well-documented human rights violations among the world’s largest corporations, such as Enron. Ironically, these corporations can violate human rights while acting within the law, because many of their activities are beyond the reach of current laws. The authors argue that this is an undesirable dilemma and that it is possible to have both strong states and strong economies. In fact, the authors contend that despite the apparent power of transnational corporations, governments still exercise a great deal of power on the world market. The challenge of this era is to reinvigorate politics to take its rightful place on the world power structure. References