Multinational Enterprises and the Law (3rd edition)

ISBN : 9780198824138

Peter Muchlinski
864 ページ
156 x 234 mm
Oxford International Law Library

Multinational Enterprises and the Law is the only comprehensive, contemporary, and interdisciplinary account of the techniques used to regulate multinational enterprises (MNEs) at the national, regional, and multilateral levels. In addition, it considers the effects of corporate self-regulation, and the impact of civil society and community groups upon the development of the legal order in this area. The book has been thoroughly revised and updated for this third edition, making it a definitive reference work for students, researchers, and practitioners of international economic law, business, corporate and commercial law, development studies, and international politics. Split into four parts, the book first deals with the conceptual basis for MNE regulation. It explains the growth of MNEs, their business and legal forms, and the relationship between them and the effects of a globalised 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 over, and the liberalisation of, entry and establishment, tax, company and competition law and the impact of intellectual property rights on technology diffusion and transfer. Part III introduces the social dimension of MNE regulation covering labour rights, human rights, and environmental issues. Finally, Part IV deals with the contribution of international investment law to MNE regulation and to the control of investment risks, covering the main provisions found in international investment agreements, their interpretation by international tribunals, and how concerns over these developments are leading to reform proposals.


I. The Conceputal Framework
1 Getting to Know Multinationals
2 Business and Legal Forms of Multinational Enterprise
3 Regulating Multinationals
4 Jurisdiction and MNE Regulation
II. Economic Regulation
5 Control of Inward Investment
6 Liberalisation and Promotion of Inward Investment
7 Taxation
8 Multinational Group Liability and Directors Duties
9 Corporate Governance and Disclosure
10 Ebbe Rogge: Regulating Multinational Banks
11 Competition
12 Intellectual Property and Technology Transfer
III. The Social Dimension
13 Labour Relations
14 Human Rights
15 Environmental Issues
IV. The Impact of International Investment Law
16 The Control of Investment Risks Through International Investment Agreements
17 Investor-State Dispute Settlement


Peter Muchlinski is Emeritus Professor in International Commercial Law at the School of Oriental and African Studies (SOAS), University of London. Prior to joining SOAS he was Professor of Law and International Business at Kent Law School, University of Kent (2001-5). He was a Lecturer and Senior Lecturer at the London School of Economics (1983-1998), and Drapers' Professor of Law in the Law Department of Queen Mary and Westfield College, University of London, from 1998 to 2001. He specialises in international business and economic law, comparative corporate law and international investment law in which fields he has authored numerous papers and articles. His more recent published work concentrates on business and human rights. In 1990 he qualified as a barrister in the field of commercial and European law and is a door tenant at Brick Court Chambers, London. He has also acted as a legal adviser to the United Nations Conference on Trade and Development (UNCTAD) on investment law and policy issues.