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Multinational Enterprises And Tort Liabilities
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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 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 Liability of Corporate Groups and Networks by : Christian A. Witting
Download or read book Liability of Corporate Groups and Networks written by Christian A. Witting and published by Cambridge University Press. This book was released on 2018-01-11 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Book Synopsis Tort Liability in Multinational Corporate Groups by : Pınar Kara
Download or read book Tort Liability in Multinational Corporate Groups written by Pınar Kara and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multinational corporate groups are important actors in today's global economy, with the power to impact the masses through their activities. National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries). The mentioned lack of an effective legislation leads to an unjust imbalance - to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries' activities (referred to as 'foreign direct liability' in legal doctrine). To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.
Book Synopsis Foreign Direct Liability and Beyond by : Liesbeth F. H. Enneking
Download or read book Foreign Direct Liability and Beyond written by Liesbeth F. H. Enneking and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western societies are witnessing an emerging socio-legal trend towards transnational civil litigation against multinational corporations in relation to harm caused toward people and the planet. These 'foreign direct liability cases' arise against the background of a global governance gap resulting from the rapid globalization of economic actors and activities with no global institutions to manage their worldwide impacts. The increasing reliance on private law mechanisms to realize corporate accountability for violations of human rights, health and safety, and environmental and labor norms perpetrated around the globe raises interesting and complex issues. This study sets out the legal and socio-political framework of this particular type of transnational civil litigation. The book traces the role that Western systems of tort law may play in promoting international corporate social responsibility/accountability. It focuses on the feasibility of bringing foreign direct liability claims before domestic courts in the EU Member States - the Netherlands in particular - and sets out a number of recommendations for European policymakers.
Book Synopsis Corporate Responsibility under the Alien Tort Statute by : Michael Koebele
Download or read book Corporate Responsibility under the Alien Tort Statute written by Michael Koebele and published by BRILL. This book was released on 2009-04-24 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his book, Michael Koebele examines the potential liability of transnational corporations under the Alien Tort Statute (also known as Alien Tort Claims Act) for violations of international law in connection with their operations and investments worldwide.
Book Synopsis Unlimited Shareholder Liability in Multinationals by : Timo Rapakko
Download or read book Unlimited Shareholder Liability in Multinationals written by Timo Rapakko and published by . This book was released on 1997-01-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlimited liability of controlling shareholders, otherwise known as piercing the corporate veil, has been frequently suggested as an approach to corporate liability. Unlimited Shareholder Liability in Multinationals examines this type of liability, especially in multinational groups based upon an economic analysis of risk allocation between corporations and various corporate shareholders. The analysis also contrasts shareholders' limited liability with two other similar liability limitations: the use of negligence as opposed to strict liability in tort law, and non-liability for consequential damages in contract law. Unlimited Shareholder Liability in Multinationals ultimately suggests that shareholder control cannot be used as a liability criterion. Its analysis indicates further that other legal regimes can more efficiently eliminate inefficient or inequitable corporate risk allocation than unlimited shareholder liability. the author recommends using a liquidation priority for certain pre-insolvency claims in combination with a mandatory disclosure of shareholders' losses of their equity as such a regime. The book's interdisciplinary approach--including both an economic and a legal analysis--makes it important reading for corporate attorneys, in-house counsel, and legal scholars.
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: 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 ...
Book Synopsis Tort Liability for Human Rights Abuses by : George P Fletcher
Download or read book Tort Liability for Human Rights Abuses written by George P Fletcher and published by Bloomsbury Publishing. This book was released on 2008-10-03 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advancing a bold theory of the relevance of tort law in the fight against human rights abuses, celebrated US law professor George Fletcher here challenges the community of international lawyers to think again about how they can use the Alien Tort Statute. Beginning with an historical analysis Fletcher shows how tort and criminal law originally evolved to deal with similar problems, how tort came to be seen as primarily concerned with negligence and how the Alien Tort Statute has helped establish the importance of tort law in international cases. In a series of cases starting with Filartiga and culminating most recently in Sosa, Fletcher shows how torture cases led to the reawakening of the Alien Tort Statute, changing US law and giving legal practitioners a tool with which to assist victims of torture and other extreme human rights abuses. This leads to an examination of Agent Orange and the possible commission of war crimes in the course of its utilisation, and the theory of liability for aiding and abetting the US military and other military forces when they commit war crimes. The book concludes by looking at the cutting-edge cases in this area, particularly those involving liability for funding terrorism, and the remedies available, particularly the potential offered by the compensation chamber in the International Criminal Court.
Book Synopsis Liability of Corporate Groups:Autonomy and Control in Parent-Subsidiary Relationships in U. S., German and EEC Law: An International and Comparative Perspective by : José Engrácia Antunes
Download or read book Liability of Corporate Groups:Autonomy and Control in Parent-Subsidiary Relationships in U. S., German and EEC Law: An International and Comparative Perspective written by José Engrácia Antunes and published by Springer. This book was released on 1994-05-11 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Full Title: Liability of Corporate Groups: Autonomy and control in Parent-Subsidiary Relationships in US, German and EU Law, An International and Comparative Perspective. Corporation law dates from the 19th century when the growth of business enterprise required a division between the private and the company sphere, making the company a legal person with its own rights, responsibilities and liabilities. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees and the customers. The introduction of company law meant a great step forward for those engaged in big business in Europe, the U.S. and elsewhere.
Book Synopsis Corporate Duties to the Public by : Barnali Choudhury
Download or read book Corporate Duties to the Public written by Barnali Choudhury and published by Cambridge University Press. This book was released on 2019-01-10 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.
Book Synopsis Enterprise Liability and the Common Law by : Douglas Brodie
Download or read book Enterprise Liability and the Common Law written by Douglas Brodie and published by Cambridge University Press. This book was released on 2010-10-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Theories of enterprise liability have, historically, had a significant influence on the development of various aspects of the law of torts. Enterprise liability has impacted upon both statutory and common law rules. Prime examples would include laws on workmen's compensation and products liability. Of late, in a number of jurisdictions, enterprise liability has been a powerful catalyst for change in the employer's responsibilities towards third parties by prompting changes to the law on vicarious liability. The results have been seen most dramatically where the employer's responsibility for the intentional torts of employees is concerned. Recent common law reforms have not been without controversy and have raised difficult and challenging questions about the appropriate scope of an employer's responsibility. In response to this, Douglas Brodie offers a critique of the employer's common law obligations, both in tort and under the law of contract of employment.
Book Synopsis Tort Liability in Multinational Corporate Groups by : Pınar Kara
Download or read book Tort Liability in Multinational Corporate Groups written by Pınar Kara and published by Springer Nature. This book was released on 2023-06-18 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multinational corporate groups are important actors in today’s global economy, with the power to impact the masses through their activities. National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries). The mentioned lack of an effective legislation leads to an unjust imbalance – to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries’ activities (referred to as ‘foreign direct liability’ in legal doctrine). To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.
Book Synopsis The Governance Gap by : Penelope Simons
Download or read book The Governance Gap written by Penelope Simons and published by Routledge. This book was released on 2014-07-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the persistence of the governance gap with respect to the human rights-impacting conduct of transnational extractive corporations operating in zones of weak governance. The authors launch their account with a fascinating case study of Talisman Energy’s experience in Sudan, informed by their own experience as members of the 1999 Canadian Assessment Mission to Sudan (Harker Mission). Drawing on new governance, reflexive law and responsive law theories, the authors assess legal and other non-binding governance mechanisms that have emerged since that time, including the UN Guiding Principles on Business and Human Rights. They conclude that such mechanisms are incapable of systematically preventing human rights violating behaviour by transnational corporations, or of assuring accountability of these actors or recompense for victims of such violations. The authors contend that home state regulation, while not a silver bullet, has a crucial role to play in regulating such conduct. They pick up where UN Special Representative John Ruggie’s Guiding Principles on Business and Human Rights left off, and propose an innovative, robust and adaptable template for strengthening the regulatory framework of home states. Their model draws insights from the theoretical literature, leverages existing public, private, transnational, national, ‘soft’ and hard regulatory tools, and harnesses the specific strengths of state-based governance. This book will be of interest to academics, policy makers, students, civil society and business leaders.
Author :Emeritus Professor of International Commercial Law Peter Muchlinski Publisher :Oxford University Press, USA ISBN 13 :0198824130 Total Pages :913 pages Book Rating :4.1/5 (988 download)
Book Synopsis Multinational Enterprises and the Law by : Emeritus Professor of International Commercial Law Peter Muchlinski
Download or read book Multinational Enterprises and the Law written by Emeritus Professor of International Commercial Law Peter Muchlinski and published by Oxford University Press, USA. This book was released on 2021-02-18 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: This leading text in the field covers all the major regulatory areas relating to the operations of multinational enterprises, analysing them not only in a legal but also a political and economic context. It is a definitive reference work for students, researchers, and practitioners working with multinational enterprises.
Book Synopsis Human Rights Obligations of Business by : Surya Deva
Download or read book Human Rights Obligations of Business written by Surya Deva and published by Cambridge University Press. This book was released on 2013-11-21 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
Book Synopsis Corporate Social Responsibility, Private Law and Global Supply Chains by : Andreas Rühmkorf
Download or read book Corporate Social Responsibility, Private Law and Global Supply Chains written by Andreas Rühmkorf and published by Edward Elgar Publishing. This book was released on 2015-07-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current debate surrounding social responsibility has neglected to fully comprehend the important role of national private law in achieving socially responsible conduct in business.
