Tort Liability In Multinational Corporate Groups
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Tort Liability In Multinational Corporate Groups
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Author : Pınar Kara
language : en
Publisher:
Release Date : 2023
Tort Liability In Multinational Corporate Groups written by Pınar Kara and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
Multinational corporate groups are important actors in today's global economy, with the power to impact the masses through their activities. National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries). The mentioned lack of an effective legislation leads to an unjust imbalance - to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries' activities (referred to as 'foreign direct liability' in legal doctrine). To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.
Multinational Enterprises And Tort Liabilities
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Author : Muzaffer Eroglu
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01
Multinational Enterprises And Tort Liabilities written by Muzaffer Eroglu and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
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
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Author : Christian A. Witting
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-11
Liability Of Corporate Groups And Networks written by Christian A. Witting and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Business & Economics categories.
Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Liability Of Corporate Groups Autonomy And Control In Parent Subsidiary Relationships In U S German And Eec Law An International And Comparative Perspective
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Author : José Engrácia Antunes
language : en
Publisher: Springer
Release Date : 1994-05-11
Liability Of Corporate Groups Autonomy And Control In Parent Subsidiary Relationships In U S German And Eec Law An International And Comparative Perspective written by José Engrácia Antunes and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-05-11 with Business & Economics categories.
Full Title: Liability of Corporate Groups: Autonomy and control in Parent-Subsidiary Relationships in US, German and EU Law, An International and Comparative Perspective. Corporation law dates from the 19th century when the growth of business enterprise required a division between the private and the company sphere, making the company a legal person with its own rights, responsibilities and liabilities. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees and the customers. The introduction of company law meant a great step forward for those engaged in big business in Europe, the U.S. and elsewhere.
The Law Of Corporate Groups
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Author : Phillip I. Blumberg
language : en
Publisher: Wolters Kluwer
Release Date : 2007-01-01
The Law Of Corporate Groups written by Phillip I. Blumberg and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Law categories.
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.Every corporate lawyer must deal with state statutory issues, and this is the source to turn to for information and guidance. Blumberg provides expert, practical analysis of the statutes -- and their application -- in such areas as: Public utilities, banking, and Savings and Loan Associations following federal models -- Insurance Alcoholic beverages and gambling -- The vital topic of professional responsibility in the representation of affiliated corporations is also covered here.
Foreign Direct Liability And Beyond
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Author : Liesbeth F. H. Enneking
language : en
Publisher:
Release Date : 2012
Foreign Direct Liability And Beyond written by Liesbeth F. H. Enneking and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Western societies are witnessing an emerging socio-legal trend towards transnational civil litigation against multinational corporations in relation to harm caused toward people and the planet. These 'foreign direct liability cases' arise against the background of a global governance gap resulting from the rapid globalization of economic actors and activities with no global institutions to manage their worldwide impacts. The increasing reliance on private law mechanisms to realize corporate accountability for violations of human rights, health and safety, and environmental and labor norms perpetrated around the globe raises interesting and complex issues. This study sets out the legal and socio-political framework of this particular type of transnational civil litigation. The book traces the role that Western systems of tort law may play in promoting international corporate social responsibility/accountability. It focuses on the feasibility of bringing foreign direct liability claims before domestic courts in the EU Member States - the Netherlands in particular - and sets out a number of recommendations for European policymakers.
The Multinational Challenge To Corporation Law
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Author : Phillip I. Blumberg
language : en
Publisher: Oxford University Press
Release Date : 1993-04-08
The Multinational Challenge To Corporation Law written by Phillip I. Blumberg and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-04-08 with Law categories.
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.
Corporate Duties To The Public
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Author : Barnali Choudhury
language : en
Publisher: Cambridge University Press
Release Date : 2019-01-10
Corporate Duties To The Public written by Barnali Choudhury and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-10 with Law categories.
Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.
Liability Of Multinational Corporations Under International Law
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Author : Menno T. Kamminga
language : en
Publisher: BRILL
Release Date : 2021-12-28
Liability Of Multinational Corporations Under International Law written by Menno T. Kamminga and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with Law categories.
Unlimited Shareholder Liability In Multinationals
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Author : Timo Rapakko
language : en
Publisher:
Release Date : 1997-01-01
Unlimited Shareholder Liability In Multinationals written by Timo Rapakko and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Law categories.
Unlimited liability of controlling shareholders, otherwise known as piercing the corporate veil, has been frequently suggested as an approach to corporate liability. Unlimited Shareholder Liability in Multinationals examines this type of liability, especially in multinational groups based upon an economic analysis of risk allocation between corporations and various corporate shareholders. The analysis also contrasts shareholders' limited liability with two other similar liability limitations: the use of negligence as opposed to strict liability in tort law, and non-liability for consequential damages in contract law. Unlimited Shareholder Liability in Multinationals ultimately suggests that shareholder control cannot be used as a liability criterion. Its analysis indicates further that other legal regimes can more efficiently eliminate inefficient or inequitable corporate risk allocation than unlimited shareholder liability. the author recommends using a liquidation priority for certain pre-insolvency claims in combination with a mandatory disclosure of shareholders' losses of their equity as such a regime. The book's interdisciplinary approach--including both an economic and a legal analysis--makes it important reading for corporate attorneys, in-house counsel, and legal scholars.