Multinational Enterprises and Tort Liabilities

Multinational Enterprises and Tort Liabilities

An Interdisciplinary and Comparative Examination

Corporations, Globalisation and the Law series

Muzaffer Eroglu

This book conducts an interdisciplinary and comparative examination of tort liabilities of multinational enterprises (MNEs). In the first part, it 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. In the second part, the book examines the existing laws and principles related to liability of MNEs from a variety of jurisdictions with the aim of assessing whether these laws are adequate for the challenges that modern MNEs create. In the final part, Muzaffer Eroglu proposes solutions to the problems of tort liability of MNEs.

Table of statutes, other statutory and international instruments

Muzaffer Eroglu

Subjects: law - academic, commercial law, company and insolvency law, law of obligations

Extract

The UK Arbitration Act 1996 196 Civil Jurisdiction and Judgment Act 1982 99, 100, 101, 107 Companies Act 2006 76, 79, 88, 161, 163, 168, 213, 215, 219 Company Law Review Steering Group, Modern Company Law for a Competitive Economy Final Report (DTI, London, 2001) 164 DTI, Company Law Reform Bill, the White Paper (CM 6456, March 2005) 167 Employment Rights Act 1996 162 English Companies Act 1862 74 Insolvency Act 1986 162 Joint Stock Companies Act 1856 77 Limited Liability Act 1855 77 Limited Liability Partnership Act 2000 159 Judiciary and Judicial Procedure Act, 1948, 28 USC § 1404(A) 121 Sherman Antitrust Act, 1890, 15 USC § 1 37, 74, 179 European Union Communication from the Commission to the Council and the European Parliament ‘Modernising Company Law and Enhancing Corporate Governance in the European Union – A Plan to Move Forward’ (COM (2003) 284 final) 88, 170–73, 215, 221, 249, 256 Communication from the Commission, Concerning Corporate Social Responsibility: A Business Contribution to Sustainable Development (COM (2002) 347 final), 2.7.2002 231 Consolidated Version of the Treaty Establishing the European Community (Official Journal C 325, 24 December 2002) 180, 248 Convention for the Protection of Human Rights and Fundamental Freedoms (Rome 4.XI.1950) 114 xix The USA Alien Tort Claims Act, 1789, 28 USC § 1350 7, 99, 124–32, 142, 234, 249 Comprehensive Environmental Response, Compensation and Liability Act, 1980, 26 USC § 4611 161, 199–204, 211, 214, 246 xx Table of statutes and international instruments Cross Border Merger Directive; Directive of...