An Interdisciplinary and Comparative Examination
Corporations, Globalisation and the Law series
When I applied to open a bank account at a branch of HSBC Bank in Turkey with a view to using it during my visit to the UK, I was told that HSBC-Turkey and HSBC-UK are different companies and thus my account would not be valid in the UK. At that moment, my curiosity about multinational enterprises began. This interest led me to conduct research on the structure and liabilities of MNEs at Queen Mary College, University of London, which is the origin of this book. The book examines problems related to tort liabilities of multinational enterprises (MNEs). The reason for the existence of the problems is that the legal theories and practice fail to take into account interdisciplinary features of MNEs. Thus there have been no satisfactory solutions to the problem of tort liability of MNEs. In order to understand the questions of liability, there should be an examination of the concept of multinational enterprise using interdisciplinary methodology. Thus the book, in Part I, examines the social, economic, managerial and legal characteristics of MNEs and compares the findings of this examination to the current understanding of MNEs in the way that tort liability is applied to them. It concludes that there is a conflict between the legal understanding of the structure of MNEs and contemporary realities. First, a problem arises on the application of limited liability and separate legal personality principles to MNEs. Secondly, liability theories developed within the existing system misconceptualize the organizational characteristics of MNEs; while legal...