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Legal Control of the Multinational Enterprise National Regulatory Techniques and the Prospects for International Controls by CYNTHIA D. WALLACE International Law Institute, Washington DC, USA 1982, xxii, 387 pp., cloth Dfl. 135.00 (approx. US$ 58.50) ISBN 90-247-2668-9 The aim of the present work is to determine the desirability of international controls over the activities of multinational enterprises (MNEs). To this end, an investigation is made into the existing legal control techniques affecting MNE activity within the host state, drawing practical examples from legisla- tion and case law of those industrialized states most active in foreign direct investment. The basic issues of control are approached through a systematic exploration of the legal techniques used, nationally and transnationally, to effectively control multinational activities from the moment of the MNE's application for entry into the host economy through the duration of its operations and in some cases to its expulsion (or expropriation) by the host government. The main question posed by the present study is whether existing legal techniques are sufficient to control the MNE in its operations, or whether an international regime is required to control excesses or abuses, while taking care to safeguard and maximize the recognized benefits to the host economy. Contents Foreword. Acknowledgements. Table of cases. Introduction. Part I. Setting the Stage. 1. The nature of the multinational enterprise. 2. Important preliminary distinctions re control and control relationships. Part II. Techniques of Restrictive Host-State Control over Foreign MNE Affiliates: Entry and Establishment. 3. Exclusionary techniques at entry. 4. Conditional entry. Part III. Techniques of Restrictive Host-State Control over Foreign MNE Affiliates: Operations. 5. General policy and practice. 6. Control Over Capital Movements. 7. Control through tax legislation. 8. Control through disclosure legislation. 9. Control through 'merger' legislation. 10. Controls over opera- tions resulting in disinvestment. , Part IV. Techniques of Restrictive Host-State Control over Foreign MNEs : z Coerced Disinvestment. 11. Expropriation: traditional concepts in transition. 12. "Creeping Expropriation". Part V. The Scope for International Controls. 13. Nature of international codes and guidelines. 14. Function of international codes and guidelines. Conclusions. Bibliography.
Review of Socialist Law (in 1992 continued as Review of Central and East European Law) – Brill
Published: Jan 1, 1983
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