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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.
Author: Phillip I. Blumberg
Publisher: Oxford University Press, USA
ISBN: 0195070615
Category : Corporation law
Languages : en
Pages : 337
Get Book Here
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.
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.
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.
Author: Peter Muchlinski
Publisher: Oxford University Press
ISBN: 0199282560
Category : Business & Economics
Languages : en
Pages : 856
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Book Description
Multinational Enterprises and the Law presents the only comprehensive, contemporary, and interdisciplinary account of the various techniques used to regulate multinational enterprises (MNEs) at the national, regional and multilateral levels. In addition it considers the effects of corporate self-regulation upon the development of the legal order in this area. Split into four parts the book firstly deals with the conceptual basis for MNE regulation, explaining the growth of MNEs, their business and legal forms, the relationship between them and the effects of a globalising economy and society upon the evolution of regulatory agendas in the field. Part II covers the main areas of economic regulation including the limits of national and regional jurisdiction over MNE activities, controls and liberalization of entry and establishment; tax and company, and competition law. Part III introduces the social dimension of MNE regulation covering labour rights, human rights, and environmental issues, and Part IV deals with the contribution of international law and organizations to MNE regulation and to the control of investment risks, covering the main provisions found in international investment agreements and their recent interpretation by international tribunals.
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.
Author: Florian Wettstein
Publisher: Stanford University Press
ISBN: 0804772606
Category : Business & Economics
Languages : en
Pages : 425
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Book Description
Multinational Corporations and Global Justice: Human Rights Obligations of a Quasi-Governmental Institution addresses the changing role and responsibilities of large multinational companies in the global political economy. This cross- and inter-disciplinary work makes innovative connections between current debates and streams of thought, bringing together global justice, human rights, and corporate responsibility. Conceiving of corporate social responsibility (CSR) from this unique perspective, author Florian Wettstein takes readers well beyond the limitations of conventional notions, which tend to focus on either beneficence or pure charity. While the call for multinationals' involvement in the solution of global problems has become stronger in recent times, few specifics have been laid down regarding how to hold those institutions accountable in the global arena. This text attempts to work out the normative basis underlying the responsibilities of multinational corporations—thereby filling a crucial void in the literature and marking a milestone in the CSR debate.
Author: John Gerard Ruggie
Publisher: W. W. Norton & Company
ISBN: 0393089762
Category : Business & Economics
Languages : en
Pages : 305
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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.
Author: Christian A. Witting
Publisher: Cambridge University Press
ISBN: 1108619177
Category : Law
Languages : en
Pages : 501
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Book Description
What happens when a corporate subsidiary or network company is unable to pay personal injury victims in full? This book sets out to tackle the 'insolvent entity problem', especially as it arises in cases of mass wrongdoing such as those involving asbestos exposure and defective pharmaceuticals. After discussing the nature of corporate groups and networks from the perspectives of business history, organisation studies, and social theory, the book assesses a range of rules and proposed rules for extending liability for personal injuries beyond insolvent entities. New proposals are put forward for an exception to the rule of limited liability and for the development of a flexible new tort based on conspiracy that encompasses not only control-based relationships but also horizontal coordination between companies. The book concludes with a general discussion of lessons learned from debates about extended liability and provides guidelines for the development of new liability rules.
Author: Doreen Lustig
Publisher:
ISBN: 019882209X
Category : Business & Economics
Languages : en
Pages : 257
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Book Description
This book critically analyses existing accounts of the history of the relationship between international law and multinational corporations using four case studies: Firestone in Liberia, the Nuremberg trials, the Anglo-Iranian Oil Company, and the UNCTC code of conduct.
Author: T. Cohn
Publisher: Springer
ISBN: 0333984412
Category : Political Science
Languages : en
Pages : 225
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Book Description
This volume discusses the effects of globalization on changing power relationships between transnational corporations (TNCs), and transnational capital, the state, and subnational groups. TNCs have expanded their power with the deepening of market relations, but they are not causing the state to wither away. Indeed, neoliberal changes often occur with the permission or even encouragement of powerful states. Transnational capital has weakened labour groups in order to make production more competitive, but the disadvantaged groups may mobilise to counter the power of transnational capital. Finally, globalization is subjecting domestic policies to increased international scrutiny.
