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Multinational Enterprises And The Law
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Book Synopsis Multinational Enterprises and the Law by : Peter Muchlinski
Download or read book Multinational Enterprises and the Law written by Peter Muchlinski and published by Oxford University Press. This book was released on 2007 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Multinational Enterprises and Human Rights by : Alexandra Gatto
Download or read book Multinational Enterprises and Human Rights written by Alexandra Gatto and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This well-researched book examines how the European Union could do more to ensure that EU-based multinational enterprises (MNEs) respect human rights when operating in third world countries. Alexandra Gatto identifies the primary obligations of MNEs as developed by international law, and investigates how the EU has promoted the respect of human rights obligations by the MNEs to date. The significant gap between the EU s commitment to the respect and promotion of human rights, the potential to regulate the conduct of MNEs, and the EU s reluctance to impose human rights obligations on MNEs, is thoroughly explored. It is suggested that the current human rights law should be developed, and this timely book recommends that the EU should firmly link the promotion of MNEs human rights obligations to international human rights law, thereby supporting the constitution of an international law framework within the UN. Multinational Enterprises and Human Rights will be of very great interest to scholars of EU or international human rights as well as NGOs and policymakers in international organizations and corporations that support corporate social responsibility and human rights.
Book Synopsis Multinational Enterprises and Tort Liabilities by : Muzaffer Eroglu
Download or read book Multinational Enterprises and Tort Liabilities written by Muzaffer Eroglu and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Allocation of Multinational Business Income: Reassessing the Formulary Apportionment Option by : Richard Krever
Download or read book The Allocation of Multinational Business Income: Reassessing the Formulary Apportionment Option written by Richard Krever and published by Kluwer Law International B.V.. This book was released on 2020-02-20 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Allocation of Multinational Business Income: Reassessing the Formulary Apportionment Option Edited by Richard Krever & François Vaillancourt Although arm’s length methodology continues to prevail in international taxation policy, it has long been replaced by the formulary apportionment method at the subnational level in a few federal countries. Its use is planned for international profit allocation as an element of the European Union’s CCCTB proposals. In this timely book – a global guide to formulary apportionment, both as it exists in practice and how it might function internationally – a knowledgeable group of contributors from Australia, Canada, the United Kingdom and the United States, address this actively debated topic, both in respect of its technical aspects and its promise as a global response to the avoidance, distortions, and unfairness of current allocation systems. Drawing on a wealth of literature considering formulary apportionment in the international sphere and considering decades of experience with the system in the states and provinces of the United States and Canada, the contributors explicate and examine such pertinent issues as the following: the debate about what factors should be used to allocate profits under a formulary apportionment system and experience in jurisdictions using formulary apportionment; application of formulary apportionment in specific sectors such as digital enterprises and the banking industry; the political economy of establishing and maintaining a successful formulary apportionment regime; formulary apportionment proposals for Europe; the role of traditional tax criteria such as economic efficiency, fairness, ease of administration, and robustness to avoidance and incentive compatibility; determining which parts of a multinational group are included in a formulary apportionment unit; and whether innovative profit-split methodologies such as those developed by China are shifting traditional arm’s length methods to a quasi-formulary apportionment system. Providing a comprehensive understanding of all aspects of the formulary apportionment option, this state of the art summary of history, current practice, proposals and prospects in the ongoing debate over arm’s length versus formulary apportionment methodologies will be welcomed by practitioners, policy-makers, and academics concerned with international taxation, all of whom will gain an understanding of the case put forward by proponents for adoption of formulary apportionment in Europe and globally and the counter-arguments they face. Readers will acquire a better understanding of the implications of formulary apportionment and its central role in the current debate about the future of international taxation rules. “...providing (sic) all the intellectual ammunition needed to carefully re-examine one of the ideas traditionally considered as apocryphal by the OECD and to a significant portion of the tax professional community...readers of this book will come away not only with a renewed understanding of the multiple facets of formulary apportionment, but also of some of the fundamental pressure points in the international tax system. Accordingly, it is a welcome and timely addition to the literature. ” Dr. Stjepan Gadžo, Assistant Professor at University of Rijeka, Faculty of Law / British Tax Review 2021, Issue 2, p243-246
Book Synopsis Liability of Multinational Corporations under International Law by : Menno T. Kamminga
Download or read book Liability of Multinational Corporations under International Law written by Menno T. Kamminga and published by BRILL. This book was released on 2021-12-28 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Multinational Corporations and International Law: Accountablility and Compliance Issues in the Petroleum Industry by : Emeka Duruigbo
Download or read book Multinational Corporations and International Law: Accountablility and Compliance Issues in the Petroleum Industry written by Emeka Duruigbo and published by BRILL. This book was released on 2021-10-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author proposes that international law can be strengthened by incorporating and integrating multinational corporations more fully into the international legal system. The establishment of international norms of corporate responsibility and accountability under accepted international law could thereby lead to mutual benefits. Multinational corporations would enjoy de jure protections enhancing their global business activities; and countries where these corporations have considerable social, economic and environmental effect on their communities will have recourse to hold corporations accountable for harmful actions. Published under the Transnational Publishers imprint.
Book Synopsis The Multinational Enterprise and Legal Control by : Cynthia Day Wallace
Download or read book The Multinational Enterprise and Legal Control written by Cynthia Day Wallace and published by Martinus Nijhoff Publishers. This book was released on 2002-04-02 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This long-awaited new book from Cynthia Day Wallace picks up the thread of her best-selling "Legal Control of the Multinational Enterprise: National Regulatory Techniques and the Prospects for International Controls," In the present work she applies herself to legal and pragmatic aspects of control surrounding MNE operations. The primary focus is on legal and administrative techniques and measures practised by host states to control - transparently or less so - foreign MNE activity within their territories, or even extraterritorially when effects are felt within national boundaries. The primary geographic focus is the six most investment-intensive industrialized states (namely, Canada, France, Germany, Japan, the United States and the United Kingdom). At the same time an important message of the present study is precisely the implication for the developing countries as well as for the emerging market economies of central and eastern Europe - and even Asian nations besides Japan, because it is the sharing of this very 'experience of years' that can best serve to facilitate a fuller participation on the part of the up-and-coming economies in the same global market place.
Book Synopsis The Multinational Challenge to Corporation Law by : Phillip I. Blumberg
Download or read book The Multinational Challenge to Corporation Law written by Phillip I. Blumberg and published by Oxford University Press, USA. This book was released on 1993 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Multinational Enterprise by : Mark Casson
Download or read book The Multinational Enterprise written by Mark Casson and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book summarises Mark Casson’s recent research on the multinational enterprise. This work is firmly rooted in history and examines the evolution of the internalisation theory of the multinational enterprise over the past forty years and, in the light of this, considers its potential for further development. The book also explores internationalisation theory in respect to marketing and brands, the supply chain, risk management as well as methodology.
Book Synopsis Multinationals and the Constitutionalization of the World Power System by : Jean-Philippe Robe
Download or read book Multinationals and the Constitutionalization of the World Power System written by Jean-Philippe Robe and published by Routledge. This book was released on 2016-06-03 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.
Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen
Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Download or read book Global Goliaths written by James R. Hines and published by Brookings Institution Press. This book was released on 2021-04-20 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: How multinationals contribute, or don't, to global prosperity Globalization and multinational corporations have long seemed partners in the enterprise of economic growth: globalization-led prosperity was the goal, and giant corporations spanning the globe would help achieve it. In recent years, however, the notion that all economies, both developed and developing, can prosper from globalization has been called into question by political figures and has fueled a populist backlash around the world against globalization and the corporations that made it possible. In an effort to elevate the sometimes contentious public debate over the conduct and operation of multinational corporations, this edited volume examines key questions about their role, both in their home countries and in the rest of the world where they do business. Is their multinational nature an essential driver of their profits? Do U.S. and European multinationals contribute to home country employment? Do multinational firms exploit foreign workers? How do multinationals influence foreign policy? How will the rise of the digital economy and digital trade in services affect multinationals? In addressing these and similar questions, the book also examines the role that multinational corporations play in the outcomes that policymakers care about most: economic growth, jobs, inequality, and tax fairness.
Book Synopsis Principles of International Economic Law by : Matthias Herdegen
Download or read book Principles of International Economic Law written by Matthias Herdegen and published by Oxford University Press, USA. This book was released on 2013-01-10 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive insight into the legal framework of international economic relations, comprising the law of the World Trade Organization, investment law, and international monetary law, this book highlights the context of human rights, good governance, environmental protection, development, and the role of the G20 and multinationals.
Book Synopsis The Laws of Globalization and Business Applications by : Pankaj Ghemawat
Download or read book The Laws of Globalization and Business Applications written by Pankaj Ghemawat and published by Cambridge University Press. This book was released on 2017 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains not only why the world isn't flat but also the patterns that govern cross-border interactions.
Book Synopsis International Institutions and Multinational Enterprises by : John-ren Chen
Download or read book International Institutions and Multinational Enterprises written by John-ren Chen and published by Edward Elgar Publishing. This book was released on 2004-01-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides rigorous analysis of the wide range of questions surrounding the role of international institutions in governing global business, especially multinational enterprises (MNEs). The analysis, both theoretical and empirical, focuses on the corporate governance of MNEs and to what extent their management takes into account the negative effects of their activities. Also discussed are: how nation states and international institutions control the activities of MNEs, and how the role and strategies of international institutions can be changed to minimise any negative effects without hampering the positive aspects and effects of MNEs. Besides the general questions of corporate governance, the fundamental differences between shareholder and stakeholder concepts are also carefully examined. A number of moral aspects in corporate governance are touched upon including the effect of international entrepreneurial activities on wages, labour markets and environmental issues. International Institutions and Multinational Enterprises is a fascinating book that will appeal to scholars of international and development economics, international business management and institutional economics. NGOs and policymakers involved in international trade, monetary and development policy formulation and associated institutions will also find much to interest them.
Book Synopsis Business and Human Rights by : Dalia Palombo
Download or read book Business and Human Rights written by Dalia Palombo and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.
Book Synopsis Transnational Legal Orders by : Terence C. Halliday
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
