Multinational Enterprises and the Law, 2nd Edition

Author: Peter T. Muchlinski
Publisher: Oxford University Press
ISBN: 9780199227969
Published In: June 2007
Format: Paperback , 856 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Vastly updated new edition, including new material on corporate organisation, the European Company Statute, Japanese company law reforms, developments in the EU OECD and the WTO, labour relations, non-discrimination, and fair and equitable treatment
The only comprehensive and interdisciplinary account of the various techniques used to regulate multinational enterprises at the national, regional, and multilateral levels.
Contains a completely new chapter on human rights and environmental issues, emphasizing the importance of contemporary social issues to this field
Comprehensive coverage on the law on foreign investment

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.

Readership: Academics, scholars, researchers, and advanced students in the fields of International Economic Law, Corporate Finance, Economics, Competition, Employment Law, Human Rights, Environment Law, Development Studies, and Politics/International Relations. Also practitioners in investment arbitration.

Preface
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

Peter T. Muchlinski, Professor in International Commercial Law, School of Law, The School of Oriental and African Studies, University of London

"...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 Review