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.
Peter Muchlinski is Professor in International Commercial Law at the School of Oriental and African Studies (SOAS), University of London. Prior to joining SOAS he was Professor of Law and International Business at Kent Law School, University of Kent (2001-5). He has taught at the London School of Economics (1983-1998), where he is a Visiting Professor, and was the Drapers' Professor of Law in the Law Department of Queen Mary and Westfield College, University of London, from 1998 to 2001. He specialises in international and European business law, WTO law and practice, competition law, law and development and commercial regulation, in which fields he has authored numerous papers and articles. His more recent published work concentrates on the social dimension of the regulation of international business, the effects of the Enron collapse, the developing arbitral case-law arising out of investor-State disputes and the impact of globalisation on legal research methodology. In 1990 he qualified as a barrister in the field of commercial and European law and is a door tenant at Brick Court Chambers, London. He acts as a principal adviser to the United Nations Conference on Trade and Development (UNCTAD) on investment law issues and in 2006-7 was a Special Adviser to the International Commission of Jurists Expert Legal Panel on Corporate Complicity in International Crime. During the period of June-October 2003 he was on leave of absence from Kent Law School and worked at UNCTAD in Geneva as a Senior Legal Expert in the Division on Investment Technology and Enterprise Development.
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