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Foreign Direct Liability and Beyond

2012 Law
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Release : 2012
Genre : Law
Kind : eBook
Book Rating : 606/5 ( reviews)

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Book Synopsis Foreign Direct Liability and Beyond by : Liesbeth F. H. Enneking

Download or read book Foreign Direct Liability and Beyond written by Liesbeth F. H. Enneking. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Tort Liability in Multinational Corporate Groups

2023-06-18 Law
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Release : 2023-06-18
Genre : Law
Kind : eBook
Book Rating : 363/5 ( reviews)

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Book Synopsis Tort Liability in Multinational Corporate Groups by : Pınar Kara

Download or read book Tort Liability in Multinational Corporate Groups written by Pınar Kara. This book was released on 2023-06-18. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Impact of Foreign Direct Liability in Promoting Responsible Investment?

2014
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Release : 2014
Genre :
Kind : eBook
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Book Synopsis The Impact of Foreign Direct Liability in Promoting Responsible Investment? by : Kayaletu Tshiki

Download or read book The Impact of Foreign Direct Liability in Promoting Responsible Investment? written by Kayaletu Tshiki. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights in Business

2017-01-20 Law
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Release : 2017-01-20
Genre : Law
Kind : eBook
Book Rating : 159/5 ( reviews)

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Book Synopsis Human Rights in Business by : Juan José Álvarez Rubio

Download or read book Human Rights in Business written by Juan José Álvarez Rubio. This book was released on 2017-01-20. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Title -- Copyright -- Contents -- Notes on contributors -- Acknowledgments -- Introduction -- 1 Judicial remedies: The issue of jurisdiction -- 1.1 Overview -- 1.2 Impact of international human rights law on jurisdiction in private international law -- 1.2.1 Introduction -- 1.2.2 Human rights in private litigation -- 1.2.3 International human rights law and jurisdiction in private international law -- 1.3 Jurisdiction in private international law in Europe and the US -- 1.3.1 Introduction -- 1.3.2 The European approach: the Brussels I Regulation -- 1.3.2.1 Scope of application -- 1.3.2.2 Rules on jurisdiction -- 1.3.2.3 Policy debate regarding the reform of the Brussels I Regulation -- 1.3.3 The US approach to jurisdiction -- 1.3.3.1 Doctrines that may limit access to US courts in transnational cases -- 1.3.3.2 The Alien Tort Statute: presumption against extraterritoriality and personal jurisdiction -- 1.3.3.3 Further doctrines that may limit access to US courts in transnational cases -- 1.3.3.4 Litigating torts in state courts and/or under state law -- 1.3.4 Comparing the EU and US approach to jurisdiction in private international law -- 1.4 Residual jurisdiction in Europe -- 1.4.1 Introduction -- 1.4.2 Forum necessitatis -- 1.4.3 Joining of defendants -- 1.4.4 Pursuing civil remedies through criminal jurisdiction -- 1.5 Conclusions and recommendations -- 2 Judicial remedies: The issue of applicable law -- 2.1 Introduction -- 2.2 Legal context -- 2.2.1 Foreign direct liability and beyond -- 2.2.2 Private international law and extraterritoriality -- 2.2.3 Discussion -- 2.3 Applicable law -- 2.3.1 Rome II Regulation: general rule -- 2.3.2 Rome II Regulation: special rule on environmental damage -- 2.3.3 Rome II Regulation: relevant exceptions -- 2.3.3.1 Overriding mandatory provisions -- 2.3.3.2 Rules of safety and conduct.

Foreign Direct Investment as a Liability

1969
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Release : 1969
Genre :
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Book Synopsis Foreign Direct Investment as a Liability by : James Heath

Download or read book Foreign Direct Investment as a Liability written by James Heath. This book was released on 1969. Available in PDF, EPUB and Kindle. Book excerpt:

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