Multinational Enterprises and the Law

Abstract This book is a comprehensive and interdisciplinary account of the techniques used to regulate multinational enterprises (MNEs) at the national, regional and multilateral levels. The book considers the effects of corporate self-regulation, and the impact of civil society and community groups upon the development of the legal order in this area. It has been thoroughly revised and updated for this third edition. The book is split into four parts. Part I deals with the conceptual basis for MNE regulation. It explains the growth of MNEs, their business and legal forms and the relationship between them and the effects of a globalized economy and society, now increasingly challenged by recently revived nationalist economic policies, 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 over—and the liberalization of—entry and establishment, tax, company and competition law and the impact of intellectual property rights on technology diffusion and transfer. Part III introduces the social dimension of MNE regulation covering labour rights, human rights and environmental issues. Part IV deals with the contribution of international investment law to MNE regulation and to the control of investment risks, covering the main provisions found in international investment agreements, their interpretation by international tribunals and how concerns over these developments are leading to reform proposals.