Newly updated in paperback, Multinational Enterprises and the Law represents the only complete contemporary and interdisciplinary account of the various techniques used to regulate MNE′s at national, regional and international levels. The coverage is comprehensive, authoritative and accessible using numerous case studies from both developed and developing stages to unite theory and current practice.
Split into three major sections the book deals with:
Part I – the conceptual background to MNE regulation.
Part II – a complete examination of the limits of national and regional jurisdiction in regulating MNEs, restrictions on entry and establishment, investment promotion, the impact of the WTO post–entry controls in the fields of tax, company law, antitrust and labour law.
Part III – the contribution of international law and organizations to the regulation of MNEs, including renegotiations and expropriation, ICSID, MIGA and bilateral investment treaties.
The author has skilfully identified the contributions that economics, politics and sociology can add to a full understanding of the legal environment in which the MNE operates.
There can be no doubt that the breadth and depth of the coverage in this book will make it the definitive reference for students, researchers and practitioners in international law, business law, development studies, international politics and international business.
List of Statutes.
List of Treaties.
List of Publications of Governments and International Organizations.
Preface and Acknowledgements.
List of Abbreviations.
Part 1: The Conceptual Framework:.
1. Concern over Multinational Enterprises.
2. The Evolution of Modern Multinational Enterprises.
3. Business and Legal Forms of Multinational Enterprise: towards a Theory of Control.
4. Relations between MNEs and States: Towards a Theory of Regulation.
Part II: Regulation by Home and Host States:.
5. The Jurisdictional Limits of Regulation through National or Regional Law.
6. The Control of Inward Investment by Host States.
7. Measures for the Encouragement of Inward Direct Investment.
8. Taxation Problems Associated with MNEs.
9. Group Liability and Director′s Duties.
10. Accountability and Disclosure.
11. Regulation through Antitrust Law.
12. Technology Transfer.
13. Labour Relations.
Part III: The Emerging System of International Regulation: .
14. Renegotiation and Expropriation.
15. The Settlement of International Investment Disputes.
16. The Codification of International Standards for the Treatment of Foreign Investors.
17. Bilateral Investment Treaties.