Multinational Enterprises

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 and 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, 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. ...fascinating ... a comprehensive and sometimes very detailed book covering all major legal (and sometimes other important) aspects and issues related to the MNE ... It explains well the history and evolution of various models and the theories behind them, and provides ideas on forthcoming ways of regulation ... recommended for anyone involved in international business as well as officials dealing with the subject matter. It is both a reference for specific issues and a book well worth reading on a stand-alone basis... Leif Gustafsson, International Company and Commercial Law ReviewPreface; Acknowledgements; Table of Cases; Table of Statutes; Table of Treaties; Table of EC Materials; Table of Official Publications of Governments and International Organisations; Abbreviations; PART I THE CONCEPTUAL FRAMEWORK; 1. Getting to Know Multinationals; 2. Business and Legal Forms of Multinational Enterprise: Towards a Theory of Control; 3. Regulating Multinationals; PART II ECONOMIC REGULATION BY HOME AND HOST COUNTRIES; 4. The Jurisdictional Limits of Regulation through National or Regional Law; 5. The Control of Inward Investment by Host States; 6. Measures for the Encouragement of Inward Direct Investment; 7. Taxation Problems Associated With MNEs; 8. Group Liability and Directors' Duties; 9. Corporate Governance and Disclosure; 10. Regulation through Competition Law; 11. Technology Transfer; PART III THE SOCIAL DIMENSION; 12. Labour Relations; 13. Human Rights and Multinational Enterprises; 14. Environmental Issues; PART IV INTERNATIONAL INVESTMENT REGULATION; 15. The Control of Investment Risks I: Contractual Stability, Renegotiation, Taking of Property and Investment Guarantees; 16. Control of Investment Risks II: Non-Discrimination, Fair and Equitable Treatment and Full Protection and Security; 17. The Codification of International Standards For the Treatment of Foreign Investors; 18. The Settlement of International Investment Disputes; Index