Overview
The author applies herself to the 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 US and the UK). At the same time an important message of the present study is precisely the implications 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. Among the most important topics dealt with are discretionary legislation and other techniques (for instance, creeping expropriation ) of indirect control by the host state, outside of the recognizable investment-specific legislation; control through merger legislation and practice under national and supranational competition law and policy, and present prospects for an international antitrust/competition regime; jurisdictional issues, particularly in the competition/antitrust law arena, with an emphasis on the question of extraterritoriality and conflicts of jurisdiction, and the role of international comity; and the background and current environment for an international investment agreement. The ultimate objective is to provide a sound basis for assessing the elaboration of some form of international instrument or framework for the foreign direct investment operations of the multinational enterprise of the 21st century.
Full Product Details
Author: Cynthia Day Wallace
Publisher: Kluwer Law International
Imprint: Kluwer Law International
Edition: 2nd Revised edition
Dimensions:
Width: 16.30cm
, Height: 7.20cm
, Length: 23.00cm
Weight: 1.950kg
ISBN: 9789041117892
ISBN 10: 904111789
Pages: 1380
Publication Date: 01 April 2002
Audience:
College/higher education
,
Professional and scholarly
,
Undergraduate
,
Postgraduate, Research & Scholarly
Format: Hardback
Publisher's Status: Active
Availability: Available To Order
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Reviews
' This welcomed second edition is much longer [than] the original, and for good cause.<br>Multinationals participate in a far greater range of activities than ever before, especially in the context of the G word : globalization. These enterprises pit the very notion of capitalism against the reality that these oligarchic entities can be overly focused on the short-term benefits of producing wealth, without ample consideration of the long-term costs. This is a well-written and well-documented product, both comprehensive in its analysis and richly adorned with further research venues. It is replete with examples in the concrete settings of key national experiences....Many have scratched the surface which masks the various faces of globalization. This comprehensive analysis finally provides a one-volume resource<br>for assessing the full range of issues associated with the so-called globalization phenomenon.'<br> American Society of International Law Newsletter, 2002.
