The Multinational Challenge to Corporation Law

The Multinational Challenge to Corporation Law PDF Author: Phillip I. Blumberg
Publisher: Oxford University Press, USA
ISBN: 0195070615
Category : Corporation law
Languages : en
Pages : 337

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Book Description
Modern multinational corporate groups of incredible complexity conducting world enterprises through numerous subsidiaries have rendered traditional corporation law archaic. The traditional concept of each corporation as a separate legal unit clashes with modern economic realities and frustrates effective regulation when applied to affiliated corporations collectively conducting a common enterprise. In response, there is emerging a law of corporate groups directed at the enterprise rather than its corporate components. As national legal systems begin to apply enterprise law to multinationals, including their foreign companies, the resulting extraterritorial application of national law inevitably leads to international controversy. Resolution of the problems presented by conflicting national regulation of multinational enterprises presents a major challenge to international law and foreign relations law, as well as to corporation law. This volume is a comprehensive review and analysis of these major legal developments and their economic and political implications. It concludes with a pathbreaking analysis of the jurisprudential implications of the changing corporate personality in enterprise law focusing on economic organization rather than on the conceptualized legal entity of yesterday.

The Multinational Challenge to Corporation Law

The Multinational Challenge to Corporation Law PDF Author: Phillip I. Blumberg
Publisher: Oxford University Press, USA
ISBN: 0195070615
Category : Corporation law
Languages : en
Pages : 337

Get Book

Book Description
Modern multinational corporate groups of incredible complexity conducting world enterprises through numerous subsidiaries have rendered traditional corporation law archaic. The traditional concept of each corporation as a separate legal unit clashes with modern economic realities and frustrates effective regulation when applied to affiliated corporations collectively conducting a common enterprise. In response, there is emerging a law of corporate groups directed at the enterprise rather than its corporate components. As national legal systems begin to apply enterprise law to multinationals, including their foreign companies, the resulting extraterritorial application of national law inevitably leads to international controversy. Resolution of the problems presented by conflicting national regulation of multinational enterprises presents a major challenge to international law and foreign relations law, as well as to corporation law. This volume is a comprehensive review and analysis of these major legal developments and their economic and political implications. It concludes with a pathbreaking analysis of the jurisprudential implications of the changing corporate personality in enterprise law focusing on economic organization rather than on the conceptualized legal entity of yesterday.

The Multinational Challenge to Corporation Law

The Multinational Challenge to Corporation Law PDF Author: Phillip I. Blumberg
Publisher: Oxford University Press
ISBN: 0195361342
Category : Law
Languages : en
Pages : 337

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Book Description
Modern multinational corporate groups of incredible complexity conducting world enterprises through numerous subsidiaries have rendered traditional corporation law archaic. The traditional concept of each corporation as a separate legal unit clashes with modern economic realities and frustrates effective regulation when applied to affiliated corporations collectively conducting a common enterprise. In response, there is emerging a law of corporate groups directed at the enterprise rather than its corporate components. As national legal systems begin to apply enterprise law to multinationals, including their foreign companies, the resulting extraterritorial application of national law inevitably leads to international controversy. Resolution of the problems presented by conflicting national regulation of multinational enterprises presents a major challenge to international law and foreign relations law, as well as to corporation law. This volume is a comprehensive review and analysis of these major legal developments and their economic and political implications. It concludes with a pathbreaking analysis of the jurisprudential implications of the changing corporate personality in enterprise law focusing on economic organization rather than on the conceptualized legal entity of yesterday.

The Law of Corporate Groups

The Law of Corporate Groups PDF Author: Phillip I. Blumberg
Publisher: Wolters Kluwer
ISBN: 0735570361
Category : Law
Languages : en
Pages : 1220

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Book Description
Traditional corporation law (or entity law) no longer covers the challenges presented by today's multinational corporate integration and control. Now, Blumberg's ground-breaking analysis of the law of corporate groups (or enterprise law) brings current trends in business law into sharp focus, with detailed examination of thousands of cases.Every corporate lawyer must deal with state statutory issues, and this is the source to turn to for information and guidance. Blumberg provides expert, practical analysis of the statutes -- and their application -- in such areas as: Public utilities, banking, and Savings and Loan Associations following federal models -- Insurance Alcoholic beverages and gambling -- The vital topic of professional responsibility in the representation of affiliated corporations is also covered here.

Corporate Citizen

Corporate Citizen PDF Author: Oonagh E. Fitzgerald
Publisher: McGill-Queen's Press - MQUP
ISBN: 1928096948
Category : Business & Economics
Languages : en
Pages : 443

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Book Description
The contributors to Corporate Citizen explore the legal frameworks and standards of conduct for multinational corporations. In a globalized world governed by domestic and international law, these corporations can be everywhere and nowhere at once, reaping financial benefits and enjoying the protections of investor-state arbitration but rarely being held accountable for the economic, environmental, and human rights harms they may have caused. Given the far-reaching power and success of the transnational corporation, and the many legal tools allowing these companies to avoid liability, how can governments protect their citizens? Broad-ranging in perspective, colourful and thought-provoking, the chapters in Corporate Citizen make the case that because the success of corporate global citizenship risks undermining national and international democratic governance, the multinational corporation must be more closely scrutinized and controlled – in the service of humanity and the protection of the natural environment.

Multinational Enterprises and the Law

Multinational Enterprises and the Law PDF Author: Peter Muchlinski
Publisher: Oxford University Press
ISBN: 0199282560
Category : Law
Languages : en
Pages : 856

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Book Description
This book analyses the major regulatory areas relating to multinational enterprises. It covers the main economic law issues relating to jurisdiction, entry and establishment controls and liberalisation, tax, company law, competition and technology transfer. It also deals with the increasingly prominent demands for corporate social responsibility covering labour, rights, human rights and the environment, and the recent developments in arbitral decisions that give increased importanceto the protection standards contained in ...

Problems in the Bankruptcy Or Reorganization of Parent and Subsidiary Corporations, Including the Law of Corporate Guaranties

Problems in the Bankruptcy Or Reorganization of Parent and Subsidiary Corporations, Including the Law of Corporate Guaranties PDF Author: Phillip I. Blumberg
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 860

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Book Description


Multinational Enterprises and Tort Liabilities

Multinational Enterprises and Tort Liabilities PDF Author: Muzaffer Eroglu
Publisher: Edward Elgar Publishing
ISBN: 1848444982
Category : Law
Languages : en
Pages : 345

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Book Description
This book conducts an interdisciplinary and comparative examination of tort liabilities of multinational enterprises (MNEs). It examines the social, economic, managerial and legal characteristics of MNEs and compares the findings of this examination to the current understanding of MNEs in the way that tort liability is applied to them. Existing laws and principles related to liability of MNEs are explored from a variety of jurisdictions with the aim of assessing whether these laws are adequate for the challenges that modern MNEs create. Muzaffer Eroglu also proposes solutions to the problems of tort liability of MNEs. Comparing the theory of control in existing laws and the theory of control in business management structure, Multinational Enterprises and Tort Liabilities will be of great interest to academics, researchers, students and practitioners. It will also appeal to NGOs particularly interested with the liabilities of MNEs for their human rights breaches.

The Corporation, Law and Capitalism

The Corporation, Law and Capitalism PDF Author: Grietje Baars
Publisher: BRILL
ISBN: 9004392866
Category : Political Science
Languages : en
Pages : 518

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Book Description
In The Corporation, Law and Capitalism, Grietje Baars offers a radical Marxist perspective on law, tracing the corporation from colonial times to the present multinational. ‘Corporate accountability’ is shown to be a red herring in the struggle for another world.

Just Business: Multinational Corporations and Human Rights (Norton Global Ethics Series)

Just Business: Multinational Corporations and Human Rights (Norton Global Ethics Series) PDF Author: John Gerard Ruggie
Publisher: W. W. Norton & Company
ISBN: 0393089762
Category : Business & Economics
Languages : en
Pages : 304

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Book Description
"A true master class in the art of making the impossible possible." —Paul Polman One of the most vexing human rights issues of our time has been how to protect the rights of individuals and communities worldwide in an age of globalization and multinational business. Indeed, from Indonesian sweatshops to oil-based violence in Nigeria, the challenges of regulating harmful corporate practices in some of the world’s most difficult regions long seemed insurmountable. Human rights groups and businesses were locked in a stalemate, unable to find common ground. In 2005, the United Nations appointed John Gerard Ruggie to the modest task of clarifying the main issues. Six years later, he had accomplished much more than that. Ruggie had developed his now-famous "Guiding Principles on Business and Human Rights," which provided a road map for ensuring responsible global corporate practices. The principles were unanimously endorsed by the UN and embraced and implemented by other international bodies, businesses, governments, workers’ organizations, and human rights groups, keying a revolution in corporate social responsibility. Just Business tells the powerful story of how these landmark “Ruggie Rules” came to exist. Ruggie demonstrates how, to solve a seemingly unsolvable problem, he had to abandon many widespread and long-held understandings about the relationships between businesses, governments, rights, and law, and develop fresh ways of viewing the issues. He also takes us through the journey of assembling the right type of team, of witnessing the severity of the problem firsthand, and of pressing through the many obstacles such a daunting endeavor faced. Just Business is an illuminating inside look at one of the most important human rights developments of recent times. It is also an invaluable book for anyone wanting to learn how to navigate the tricky processes of global problem-solving and consensus-building and how to tackle big issues with ambition, pragmatism, perseverance, and creativity.

Liability of Corporate Groups and Networks

Liability of Corporate Groups and Networks PDF Author: Christian A. Witting
Publisher: Cambridge University Press
ISBN: 1107039924
Category : Business & Economics
Languages : en
Pages : 501

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Book Description
Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.