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Aimed at senior undergraduate and post-graduate students following courses in International Business and Industrial Relations this book examines the labour market effects of multinational business. In reflecting the complexity and dynamism of developments in this area, the book makes clear the need to underpin analysis of the labour market effects of multinational business with conceptual understanding of the theory of multinational enterprise.
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, 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 and 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.
The classical model of international lawmaking posits governments as exclusively authoritative actors. However, commercially-oriented entities have long been protagonists within the prevailing international legal order, concluding contracts and resolving disputes with governments. Is the international legal personality of corporations undergoing further qualitative transformations ? Corporations influence the State practice constitutive of custom and create, refashion or challenge normative rules. The corporate willingness to fill legal lacunae where governments do not exercise their full regulatory responsibility is also observable through resort to alternative legal mechanisms. Corporations moreover contribute directly to treaty negotiations and occupy crucial roles during subsequent implementation. Indeed, an analysis of the access conditions and participatory modalities for non-State actors could support a right to participate under common international procedural law. Their substantive contributions are also evident when corporations participate in enforcing international law against governments through national courts, diplomatic protection (including the WTO) and arbitration (including NAFTA). However, the practice of intergovernmental organizations reveals several challenges including managing corporate interaction with developing country governments and other non-State actors. Acknowledging corporate contributions also has important implications for national regulatory autonomy, the ability of governments to mediate contested policy issues, the democratic legitimacy of the contemporary lawmaking process and an understanding of consent as the underlying basis for international law.
This leading text in the field covers all the major regulatory areas relating to the operations of multinational enterprises, analysing them not only in a legal but also a political and economic context. It is a definitive reference work for students, researchers, and practitioners working with multinational enterprises.
History of International Law · Foundations and Principles of International Law · Sources of International Law · Law of Treaties
"Do core labour standards exist in today's global economy? If so, what are they? And most important how effective are they?" "In this book two labour law scholars answer these questions in a definitive manner. In detail they demonstrate that, although insufficiently legally binding instruments governing employment and labour exist beyond the national level, a significant body of international soft law has developed that does in fact carry great weight. Blanpain and Colucci identity four major sources of this soft law - the UN Global Compact of 1999, the ILO Tripartite Declaration of Principles, the North American Agreement on Labour Cooperation and the OECD Guidelines for Multinational Enterprises - and show how the principles these instruments enunciate act as a countervailing power to the international economic decision-making of multinational corporations." "The authors cite relevant cases and highlight emerging trends in this important area of labour law. Annexes reprint all four of the instruments. The Globalization of Labour Standards will be welcomed by all sectors of the labour and employment law community as a fully realized analysis of what is currently available to those who would like to ensure economic and social progress in a world dominated by multinational corporations."--BOOK JACKET.
This book provides an overview of the main tools and approaches available to enterprises wishing to put the Environment chapter of the OECD Guidelines into practice.
This volume brings together a broad range of articles on international law and foreign investment which together provide a contemporary overview of the diverse range of issues and perspectives which continue to exercise policy-makers and scholars alike. Central to this collection is the tension between market-oriented reforms on the one hand, raising issues of market access and protection of investors, and corporate social responsibility discourses on the other, raising concerns about environmental protection and respect for human and labour rights. Regional perspectives on these issues reveal differing priorities and approaches.