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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Data protection handbook

The Multinational Enterprise and Legal Control 2nd ed

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ISBN13: 9789041117892
ISBN: 904111789X
Published: July 2004
Publisher: Brill Academic Publishers
Format: Hardback
Price: £381.00

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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.

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Foreword. Acknowledgments. Abbreviations. Preface to the Second Edition. Introduction. Part One: Setting the Stage. I. The Historical Context. II. The Global Context. III. Fears and Sources of Conflict. IV. Legal and Organizational Forms and Modes of Operation. V. Important Preliminary Distinctions Re Control and Control Relationships. Part Two: Techniques of Restrictive Host State Control over Foreign MNE Affiliates: Entry and Establishment. VI. Exclusionary Techniques at Entry. VII. Conditional Entry. Part Three: Techniques of Restrictive Host State Control Over Foreign MNE Affiliates: Operations. VIII. General Policy and Practice. IX. Control Through Disclosure Laws and Regulations. X. Control Through Restriction of Capital Movements. XI. Control Through Competition Law and Policy. XII. Control Through Jurisdictional Reach. XIII. Conflicts over Extraterrritorial Antitrust. XIV. Conflicts over `Extraterritorial' Discovery. XV. Control Through Tax Legislation. Part Four: Techniques of Restrictive Host State Control Over Foreign MNEs: Disinvestment. XVI. Controls over Operations Resulting in Disinvestment. XVII. Control Through Expropriation: Traditional Concepts in Transition. XVIII. Control Through Indirect Taking: `Creeping Expropriation'. Part Five: The International Legal Framework. XIX. The Role and Function of International Instruments. XX. Contemporaty International Instruments and Initiatives. Conclusions. Index