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Multinationals and the Constitutionalization of the World Power System

Edited by: Stephane Vernac, Antoine Lyon-Caen, Jean-Philippe Robe

ISBN13: 9781472482921
Published: June 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00

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This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations.

The collection focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst deeply exploring the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law.

The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.

Company Law
Foreword: constitutionalization and the regulation of transnational firms, John Gerard Ruggie
Introduction, Jean-Philippe Robe, Antoine Lyon-Caen and Stephane Vernac.

Part I Firms and Power: Globalization and constitutionalization of the world-power system, Jean-Philippe Robe
Constitutionalizing financial power: the corporation and the new aristocracy of finance, Paddy Ireland
Corporate power in the global economy: an evolutionary perspective, Ronen Palan
Powers and responsibilities in multi-member organizations, Elsa Peskine and Stephane Vernac.

Part II The Concept of Constitutionalization: Reflections on the constitutionalization of the world power system, Gunther Teubner
Law in the global age: heading toward a societal constitutionalism, Jean De Munck
Constitutionalization outside of the state? A constitutionalist's point of view, Veronique Champeil-Desplat
The concept of constitutionalization and the multi-corporate enterprise in the 21st century - the body corporate from incarnation to ensoulment to ministry (but whose?), Larry Cata Backer.

Part III The Concept of Constitutionalization Applied to the Firm: Human rights and the constitutionalized corporation, Sheldon Leader
The responsibility of multinational enterprises: a constitutionalization process in action, Antoine Lyon-Caen and Tatiana Sachs
'Constitutionalization' and the status of the director: the test of 'say on pay', Charley Hannoun
Can states regain fiscal sovereignty over globalized business?, Christian Chavagneux. Afterword