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Worth A Thousand Words

The Multinational Challenge to Corporation Law PDF Author: Phillip I. Blumberg
Publisher: Oxford University Press on Demand
ISBN: 0195070615
Category : Art
Languages : en
Pages : 337

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Book Description
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.

The Multinational Challenge to Corporation Law

The Multinational Challenge to Corporation Law PDF Author: Phillip I. Blumberg
Publisher: Oxford University Press on Demand
ISBN: 0195070615
Category : Art
Languages : en
Pages : 337

View

Book Description
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.

Multinational Enterprises and Tort Liabilities

Multinational Enterprises and Tort Liabilities PDF Author: Muzaffer Eroglu
Publisher: Edward Elgar Publishing
ISBN: 1848444982
Category : Law
Languages : en
Pages : 352

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Book Description
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.

Liability of Corporate Groups and Networks

Liability of Corporate Groups and Networks PDF Author: Christian A. Witting
Publisher: Cambridge University Press
ISBN: 1107039924
Category : Business & Economics
Languages : en
Pages : 501

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Book Description
Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.

Enterprise Liability in Commercial Relationships

Enterprise Liability in Commercial Relationships PDF Author: Phillip I. Blumberg
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 931

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Book Description
Traditional corporation law (or "entity" law) no longer covers the challenges presented by today's multinational corporate integration and control. Now, Blumberg's ground-breaking analysis of the law of corporate groups (or "enterprise" law) brings current trends in business law into sharp focus, with detailed examination of thousands of cases. This unique addition to The Law of Corporate Groups library provides in-depth coverage of statutory and judicial law, federal and state, that affects companies engaged in enterprises linked by franchise, license, or contract rather than by corporate stock. It explains and analyzes in detail the issues facing such entities as franchisers and franchisees, licensor and licensees, contractors and subcontractors, hospitals and other health care institutions, medical personnel in independent practice, and many others.

International Bankruptcy

International Bankruptcy PDF Author: Jodie Adams Kirshner
Publisher: University of Chicago Press
ISBN: 022653202X
Category : Law
Languages : en
Pages : 288

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Book Description
With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.

Multinational Corporations and International Law: Accountablility and Compliance Issues in the Petroleum Industry

Multinational Corporations and International Law: Accountablility and Compliance Issues in the Petroleum Industry PDF Author: Emeka Duruigbo
Publisher: BRILL
ISBN: 9004480730
Category : Law
Languages : en
Pages : 278

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Book Description
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.

The Multinational Enterprise and Legal Control

The Multinational Enterprise and Legal Control PDF Author: Cynthia Day Wallace
Publisher: BRILL
ISBN: 9004481125
Category : Law
Languages : en
Pages : 1359

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Book Description
This long-awaited new book from Cynthia Day Wallace picks up the thread of her best-selling Legal Control of the Multinational Enterprise: National Regulatory Techniques and the Prospects for International Controls. In the present work she applies herself to legal and pragmatic aspects of control surrounding MNE operations. The primary focus is on legal and administrative techniques and measures practised by host states to control - transparently or less so - foreign MNE activity within their territories, or even extraterritorially when effects are felt within national boundaries. The primary geographic focus is the six most investment-intensive industrialized states (namely, Canada, France, Germany, Japan, the United States and the United Kingdom). At the same time an important message of the present study is precisely the implication for the developing countries as well as for the emerging market economies of central and eastern Europe - and even Asian nations besides Japan, because it is the sharing of this very 'experience of years' that can best serve to facilitate a fuller participation on the part of the up-and-coming economies in the same global market place.

Power in the Global Era

Power in the Global Era PDF Author: T. Cohn
Publisher: Springer
ISBN: 0333984412
Category : Political Science
Languages : en
Pages : 221

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Book Description
This volume discusses the effects of globalization on changing power relationships between transnational corporations (TNCs), and transnational capital, the state, and subnational groups. TNCs have expanded their power with the deepening of market relations, but they are not causing the state to wither away. Indeed, neoliberal changes often occur with the permission or even encouragement of powerful states. Transnational capital has weakened labour groups in order to make production more competitive, but the disadvantaged groups may mobilise to counter the power of transnational capital. Finally, globalization is subjecting domestic policies to increased international scrutiny.

Protecting Animals Within and Across Borders

Protecting Animals Within and Across Borders PDF Author: Charlotte E. Blattner
Publisher: Oxford University Press
ISBN: 0190948310
Category : Law
Languages : en
Pages : 521

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Book Description
based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries.

Corporations Law in Australia

Corporations Law in Australia PDF Author: Roman Tomasic
Publisher: Federation Press
ISBN: 9781862873148
Category : Corporation law
Languages : en
Pages : 893

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Book Description
The second edition of this text incorporates the latest changes to Australian corporations law, up to and including the Corporations Act 2001 and the Financial Services Reform Act 2001. Like the 1st edition, this text is written particularly for undergraduate law students. The book introduces students to Australian corporate law in a way that is informed by theory and policy. Throughout the book the authors draw upon materials from fields such as economics, sociology and politics to provide a contextually relevant account of modern corporate law. Ample references and pointers are provided to policy debates, contemporary issues, and to further reading. The authors bring considerable experience in interdisciplinary corporate law teaching and research. The authors aim to stimulate the reader into further critical analysis of corporate law issues, and to equip them with the capacity to respond in an informed way to future changes and developments. The book also encourages the reader to independently pursue further research in areas of corporate law. Each of the 25 chapters has been revised and updated. The book deals with: Introduction - the history of corporate law, and key themes and perspectives. Corporate Structures and Regulation - including the structure of Australian corporate law; ASIC's role and powers; and the role of auditors. Corporate Obligations - including corporate capacity; contractual and criminal liability. Corporate Governance - membership and meetings; directors' duties; shareholders' rights. Corporate Finance - including share and debt capital, the Managed Investments Act 1998, and fundraising. Securities and Takeovers Corporate Rescues and Winding Up