Cornelia Woll – författare

The geopolitics of American law enforcement and how it changed corporate criminal accountability in other countriesOver 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.

The recent financial crisis has demonstrated that governments continuously seek to steer their economies rather than leaving them to free markets. Despite the ambitions of international economic cooperation, such interventionism is decidedly local. Some politicians even proudly evoke "economic patriotism" to justify their choices.

This volume links such populism to a specific set of tensions – the paradox of neo-liberal democracy – and argues that the phenomenon is ubiquitous. The mandate of politicians is to defend the economic interests of their constituents under conditions where large parts of economic governance are no longer exclusively within their control. Economic patriotism is one possible reaction to this tension. As old-style industrial policy and interventionism gained a bad reputation, governments had to become creative to assure traditional economic policy objectives with new means.

However, economic patriotism is more than just a fashionable word or a fig leaf for protectionism. This volume employs the term to signal two distinctions: the diversity of policy content and the multiplicity of territorial units it can refer to. Comparing economic interventionism across countries and sectors, it becomes clear that economic liberalism will always be accompanied by counter-movements that appeal to territorial images.

This book was published as a special issue of the Journal of European Public Policy.