Firms and governments often negotiate economic development deals, such as tax abatements, with limited transparency, using exceptions to public records laws or other strategies for nondisclosure. In this article we explore the motivations of firms for keeping economic development deals out of the public eye. We explore legal challenges to public records requests for deal-specific, company-specific participation in a state economic development incentive program. By examining applications for participation in a major state economic program, the Texas Enterprise Fund, we find that a company is more likely to challenge a formal public records request if it has renegotiated the terms of the award to reduce its job-creation obligations. We interpret this as companies challenging transparency when they have avoided being penalized for noncompliance by engaging in nonpublic renegotiations. These results provide evidence regarding those conditions that prompt firms to challenge transparency and illustrate some of the limitations of safeguards such as clawbacks (or incentive-recapture provisions) when such reforms aren't coupled with robust transparency mechanisms. We speculate that the main motivation for these challenges is to limit scrutiny of these deals that could lead to backlashes against future economic development agreements.
That economic integration constrains state sovereignty has been a longstanding concern and the subject of much study. We assess the validity of this concern in the context of two very particular components of contemporary economic globalization: global value chain (GVC) integration and Investor–State Dispute Settlement (ISDS). First, we document that host states have abandoned nearly 24 percent of regulations disputed by private investors in ISDS between 1987 and 2017. This behavior is puzzling because ISDS only requires host states to provide monetary compensation to investor-claimants and not the abandonment of disputed regulations. We theorize that host states are more likely to abandon a disputed regulation when the claimant has a greater potential to disrupt GVCs in the host economy. We then employ the non-parametric difference-in-differences estimator by Imai, Kim, and Wang (2021) and find that ISDS filings cause substantial decreases in GVC trade. Following this result, we provide descriptive statistics and qualitative evidence that support our core theoretical proposition that multinational corporations (MNCs) with the potential to disrupt GVC integration are more likely to see host states changing regulations in their favor. Our argument and evidence suggest that GVC integration can grow an MNC’s power to such an extent that the host state abandons a regulation that the MNC disputes.
Multinational firms operate in multiple national jurisdictions, making them difficult for any one government to regulate. For this reason the firms themselves are often in charge of their own regulation, increasingly in conjunction with international organizations by way of public-private governance initiatives. Prior research has claimed that such initiatives are too weak to meaningfully change firms’ behavior. Can public-private governance initiatives help firms self-regulate, even if they lack strong monitoring or enforcement mechanisms? I take two steps toward answering this question. First, I introduce a new measure of firms’ performance on ESG (environmental, social, and governance) issues: the extent to which the firms issue public responses to claims of misconduct from civil society actors. Second, I argue that public-private governance initiatives allow firms to benefit from the legitimacy of their public partners, lowering the reputational cost of transparent response. Employing novel data on firm responses to human rights allegations from the Business and Human Rights Resource Center, I find that membership in the largest and most prominent initiative, the United Nations Global Compact, significantly increases firms’ propensity to respond transparently to stakeholder allegations. These results suggest a limited but important role for public-private initiatives in global governance.
In collaboration with an American Indian nation, we conducted a survey that is the first of its kind in Indian Country. The survey explored tribal members' financial experiences in the months before the first bank opened on their reservation. In this article, we connect respondents' reported ex ante trust in banks to their support for the new bank. Descriptively, respondents are highly supportive of the new bank whatever their ex ante trust in banks, but the relationship is nonlinear. Native ownership seems to be particularly silent to those in the middle or low end of the trust distribution.
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