Legal Relationships between Transnational Corporations and Host States

Legal Relationships between Transnational Corporations and Host States

Legal Relationships between Transnational Corporations and Host States

Legal Relationships between Transnational Corporations and Host States

Synopsis

This volume examines the complex legal issues involved in the relationships between multinational corporations and the host countries in which they operate. The author uses real case examples to identify some of the problems inherent in these often fragile relationships and to enumerate and critique the international initiatives that have endeavored to address them. In addition, the author develops new juridical responses to seemingly intractable problems in such areas as the renegotiation of contracts, transfer pricing, the environment, and repatriation of profits.

Excerpt

This study serves three purposes. First, it provides insights into several issues concerning the relationships between Transnational Corporations (TNCs) and host states. Some of these issues are very contentious; cases are used to illustrate them. Second, it advances a jurisprudence or offers an exegesis in an attempt to address some of the matters raised. Due recognition is given to the respective concerns of host states (especially, developing countries) and TNCs in their relationships with each other, and an attempt is made to address them. Consequently, the book provides specific responses to some of these concerns. Third, a survey is made of some multilateral agencies whose functioning quite directly relates to the relationships between TNCs and host states--namely, the un Commission and Centre on TNCs (UNCTC), the Multilateral Investment Guarantee Agency (MIGA), and the International Centre for the Settlement of Investment Disputes (ICSID). This survey provides the reader with a basic understanding of the role and function of those institutions.

The ISSUE/THE question

This book examines the evolving international legal standards relating to relationships between TNCs and host states. An inquiry is also made into how these relationships may more meaningfully be structured using international legal instrumentalities, on the one hand, to promote and protect foreign investments and, on the other hand, to define and enforce standards of conduct and accountability by foreign investors.

The central argument

The central argument of the book is that a multilateral regulatory regime that provides concrete standards (enumerated in the text) concerning . . .

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