Conclusion: The Broader Context of Public Policy Avoidance
There are four corporate approaches to managing businessgovernment relations along a continuum from strongly ethical to strongly unethical: (1) strict compliance with public policy; (2) legal lobbying to change public policy; (3) public policy avoidance by shifting in some way; and (3) illegal corruption to change public policy. Compliance is strongly ethical. Legal lobbying and public policy avoidance are ethically neutral. Illegal corruption typically bribes and improper donations is strongly unethical.
As CTR is one dimension of CSR, so tax avoidance is one dimension of an expanded notion of public policy avoidance (Leitzel, 19961997). The broadest scope of this chapter becomes the question of public policy avoidance (in any form) by MNEs having the ability to move legal jurisdiction or shift activities. The essential question concerns whether and if so why virtuous behavior, good citizenship, and justice theory reach a limit when applied to legal tax and regulatory avoidance. A general conception of public policy avoidance includes instances such as corporate inversion, other tax avoidance, and regulatory haven decisions. These instances are legally permissible choices, but subject to moral and political criticism intended to promote voluntary self-regulation and changes in public policy strengthening regulatory controls. Economic patriotism and CSR arguments call for voluntary self-regulation by companies in advance of public policy changes.