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The Extension Of Corporate Personality In International Law
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Book Synopsis Corporations and International Lawmaking by : Stephen Tully
Download or read book Corporations and International Lawmaking written by Stephen Tully and published by BRILL. This book was released on 2007 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classical model of international lawmaking posits governments as exclusively authoritative actors. However, commercially-oriented entities have long been protagonists within the prevailing international legal order, concluding contracts and resolving disputes with governments. Is the international legal personality of corporations undergoing further qualitative transformations ? Corporations influence the State practice constitutive of custom and create, refashion or challenge normative rules. The corporate willingness to fill legal lacunae where governments do not exercise their full regulatory responsibility is also observable through resort to alternative legal mechanisms. Corporations moreover contribute directly to treaty negotiations and occupy crucial roles during subsequent implementation. Indeed, an analysis of the access conditions and participatory modalities for non-State actors could support a right to participate under common international procedural law. Their substantive contributions are also evident when corporations participate in enforcing international law against governments through national courts, diplomatic protection (including the WTO) and arbitration (including NAFTA). However, the practice of intergovernmental organizations reveals several challenges including managing corporate interaction with developing country governments and other non-State actors. Acknowledging corporate contributions also has important implications for national regulatory autonomy, the ability of governments to mediate contested policy issues, the democratic legitimacy of the contemporary lawmaking process and an understanding of consent as the underlying basis for international law.
Book Synopsis International Law by : Malcolm N. Shaw
Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2003-09-25 with total page 1452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.
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 Action Plan on Base Erosion and Profit Shifting by : OECD
Download or read book Action Plan on Base Erosion and Profit Shifting written by OECD and published by OECD Publishing. This book was released on 2013-07-19 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This action plan, created in response to a request by the G20, identifies a set of domestic and international actions to address the problems of base erosion and profit sharing.
Book Synopsis Jurisdiction in International Law by : Cedric Ryngaert
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Book Synopsis Corporate Obligations Under International Law by : Markos Karavias
Download or read book Corporate Obligations Under International Law written by Markos Karavias and published by . This book was released on 2013-11 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international legal status of corporations is a contentious issue, as they do not easily fit within a system traditionally designed around states. This book assesses the ways in which corporations are bound by international human rights and environmental law, and the form their obligations take.
Book Synopsis Membership in International Organizations by : Gerd Droesse
Download or read book Membership in International Organizations written by Gerd Droesse and published by Springer Nature. This book was released on 2019-12-19 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes that fundamental concepts of institutional law need to be rethought and revised. Contrary to conventional wisdom, international organizations do not need to have members, and the members do not need to be states and international organizations. Private sector entities may, for instance, also be full members. Furthermore, international organizations do not need to possess international legal personality, nor is their autonomy a corollary of their personality. Moreover, the notion of “subject of international law” also needs to be reconsidered and the very concepts and definitions of “intergovernmental organization” and “international organization” need to change and be defined in a wider manner. In this publication the legal implications of membership are analyzed and a new analytical framework for international organizations is proposed. The argument is propounded that the power of creation of new organizations has passed over to international organizations and other entities while an outlook on future development is also presented. Dr. Gerd Droesse is a recognized specialist in institutional law, international administrative law, complex institutional and financial policy matters and corporate governance issues, with over 30 years of experience in working for international organizations in senior and management positions. He was the Legal Counsel/Acting General Counsel of the Green Climate Fund and assisted the World Green Economy Organization as General Counsel in its transition to a new type of intergovernmental organization.
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 Progress in International Law by : Russell A. Miller
Download or read book Progress in International Law written by Russell A. Miller and published by BRILL. This book was released on 2008 with total page 945 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.
Book Synopsis Brownlie's Principles of Public International Law by : Ian Brownlie
Download or read book Brownlie's Principles of Public International Law written by Ian Brownlie and published by Oxford University Press, USA. This book was released on 2012-09-27 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: Serving as a single volume introduction to the field as a whole, this book seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It identifies the constituent elements of that system in a clear and accessible fashion.
Book Synopsis The Law of Nations by : Emer de Vattel
Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The International Law on Foreign Investment by : M. Sornarajah
Download or read book The International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 1994-08-18 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author examines different techniques adopted by States for attracting foreign investment and for ensuring that foreign investment serves their economic objectives.
Book Synopsis Sources of International Law by : Martti Koskenniemi
Download or read book Sources of International Law written by Martti Koskenniemi and published by Routledge. This book was released on 2017-07-05 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
Book Synopsis International Legal Personality by : Fleur Johns
Download or read book International Legal Personality written by Fleur Johns and published by Routledge. This book was released on 2017-07-05 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who or what is entitled to act on the international plane? Where should responsibility for violations of international law lie? What sort of entities are capable of possessing international legal rights? What is the status of individuals, minority groups, non-governmental bodies, international organisations and animals in the international legal order and how has their status shifted over time? International Legal Personality contains fourteen articles that address these and related questions. In historical and contemporary writings, international lawyers grapple with the nature of legal identity, and confront global distributions of authority and responsibility, as they explore who or what is a 'person' in the international legal order. These essays document the emergence of an international legal order increasingly conceived in terms of patterns and probabilities, rather than as the stagecraft of a small company of permanent players.
Book Synopsis The Pursuit of Nationalized Property by : M Sornarajah
Download or read book The Pursuit of Nationalized Property written by M Sornarajah and published by Martinus Nijhoff Publishers. This book was released on 1986-02 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Oxford Handbook of International Investment Law by : Peter Muchlinski
Download or read book The Oxford Handbook of International Investment Law written by Peter Muchlinski and published by OUP Oxford. This book was released on 2008-06-26 with total page 1352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.
Book Synopsis Research Handbook on the Law of Treaties by : Christian J. Tams
Download or read book Research Handbook on the Law of Treaties written by Christian J. Tams and published by Edward Elgar Publishing. This book was released on 2014-09-26 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a unique conceptual approach to the Law of Treaties this insightful Research Handbook not only sets out the foundational issues, but identifies tensions within the field, including formalism vs flexibility, integrity vs flexibility, and unifor
