The Multinational Challenge to Corporation Law: The Search for a New Corporate Personality

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More About This Textbook

Overview

Modern multinational corporate groups of incredible complexity conducting world enterprises through numerous subsidiaries have rendered traditional corporation law archaic. The traditional concept of each corporation as a separate legal unit clashes with modern economic realities and frustrates effective regulation when applied to affiliated corporations collectively conducting a common enterprise. In response, there is emerging a law of corporate groups directed at the enterprise rather than its corporate components.
As national legal systems begin to apply enterprise law to multinationals, including their foreign companies, the resulting extraterritorial application of national law inevitably leads to international controversy. Resolution of the problems presented by conflicting national regulation of multinational enterprises presents a major challenge to international law and foreign relations law, as well as to corporation law.
This volume is a comprehensive review and analysis of these major legal developments and their economic and political implications. It concludes with a pathbreaking analysis of the jurisprudential implications of the changing corporate personality in enterprise law focusing on economic organization rather than on the conceptualized legal entity of yesterday.

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Product Details

  • ISBN-13: 9780195070613
  • Publisher: Oxford University Press, USA
  • Publication date: 10/28/1996
  • Pages: 336
  • Lexile: 1610L (what's this?)
  • Product dimensions: 5.70 (w) x 8.60 (h) x 1.20 (d)

Meet the Author

University of Connecticut School of Law (Emeritus)
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Table of Contents

I Historical Development
1 The Emergence of the Corporation as a Legal Unit and the Rise of Limited Liability 3
2 The Corporate Personality in the Courts 21
3 The Emergence of Corporate Groups 52
II Entity or Enterprise in Dealing with Corporate Groups: The American Judicial and Statutory Response
4 Early Judicial Attempts to Adapt Entity Law to the New Economy of Corporate Groups 65
5 The Increasing Acceptance of Enterprise Principles 89
6 Economic Dimensions: The Role of Limited Liability 121
III World Dimensions
7 European and British Commonwealth Experience with Enterprise Law 153
8 National Law and Multinational Business: Enterprise Law and Extraterritoriality 168
IV Jurisprudential Implications
9 Legal Rights, Legal Responsibilities, and Recognition of the Legal Unit: Individuals and Physical Objects 205
10 Legal Rights, Legal Responsibilities, and Recognition of the Legal Unit: Organizations 216
11 The Jurisprudence of Enterprise Law 231
Notes 255
Table of Cases 295
Index 303
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