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Adversarial legalism and transaction costs: The industrial-flight hypothesis revisited
Oleh : C. Leigh Anderson, Robert A. Kagan, ELSEVIER (la@u.washington.edu (L. Anderson))
Dibuat : 2010-08-25, dengan 1 file
Keyword : Adversarial, legalism, transaction, costs, industrial, hypothesis, revisited
Empirical evidence that firms respond to differences in environmental compliance costs
among jurisdictions—the industrial-flight hypothesis—has been mixed. In this article, we
propose a new explanation for this ambivalence, which also sheds light on an emerging
paradox in overseas investment: U.S. capital outflows appear to be sensitive to rising
abatement costs, yet the investment recipients increasingly are countries with comparably
stringent environmental standards. Our explanation for this paradox is based on the role of
regulatory process costs, usually left out of total compliance costs. Most empirical work has
looked for capital movement in response to differential abatement costs, predicting that
investment would flow from environmentally stringent regimes to those with more lax
environmental regulations, for example, from the United States to some developing coun-
tries. But little evidence has been found of these pollution havens. If, however, at the margin
it is regulatory process costs, liability risks, and uncertainties that constitute the most
important compliance cost differentials, then we have been looking for U.S. capital outflows
in the wrong places.
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