Journal of Human Rights and the Environment

Jurisdictional arbitrage by multinational companies: a national law solution?

Janet Dine *

Keywords: Albanian national company law, Alien Tort Claims Act, enterprise liability, extraterritoriality, jurisdictional arbitrage, MNC power, neo-liberal market dominance

Abstract

This article suggests that innovative provisions in Albanian company law provide a promising initial framework for the future construction of multinational corporations' accountability for environmental and human rights abuses. Such robust national provisions hold out hope for overcoming the limitations and inhibitions presented by extraterritoriality, while exceeding the promise of universal jurisdiction, to offer a relatively detailed ‘enterprise liability’ construct in national company law.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information