An Interdisciplinary and Comparative Examination
Corporations, Globalisation and the Law series
Chapter 8: Future of MNEs’ Tort Liability
Introduction In the previous parts of the book, the torts committed by subsidiaries of MNEs are discussed and gaps in the legal systems are indicated by concluding that MNEs might avoid liability in tort and this problem is urgent and requires attention from academics, parliaments and judges. For this purpose the book has first indicated the distinguishing characteristics of MNEs from other institutions by examining developments in legal, social-economical and managerial-structural characteristics. Accordingly the book claims that an MNE is a distinct institution, which is unique in its characteristics and thus different from other institutions recognized by laws and thus requires different regulatory principles and theories. Accordingly Part II is devoted to the search for laws and regulations on MNEs liability issues, which has demonstrated that the laws and regulations are inefficient to solve the liability problems due to common misunderstandings of interdisciplinary characteristics of MNEs. As a result, even though the time has come to think about real, effective and internationally applicable solutions for MNEs’ liability problems, so far no concrete proposal exists for such a solution and governments seem unwilling to commit themselves to a truly legislative solution. From an academic perspective, the suggested solutions have always had weaknesses if they are not totally ineffectual. Accordingly the aim of this chapter is to propose the framework principles on which MNEs’ tort liability must be built. The principles will be based on a combination of social, economical and managerial characteristics of MNEs with a particular focus on the problems...
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