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Diane Kraal

(ANU E Press, 2009) 75–116. 37   Davies et al. (n 26) 806. 38   Mining (Ok Tedi Agreement) Act of 1976 (PNG) clauses 14–22. 35 36 De Jonge Book.indb 373 16/12/2016 16:09 374  Research handbook on transnational corporations there was no provision for compulsory acquisition or carried interest.39 An APT was designed and inserted into the agreement at an agreed threshold rate, and profits above it would trigger the APT. It is seen as a fair tax and meets the government’s minerals policy principles.40 Ok Tedi is PNG’s largest and longest operating mine and epitomises

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Gerard McCormack

lending against specific assets may be in a position to offer more competitive interest rates than general tion-of-title seller has priority over a lender that makes an enabling loan. For a similar rule under the Secured Transactions Guide see Recommendation 182. 75 Recommendations 180 and 192. 76 See the statement of purposes in Part IX of the Guide. 77 See the ‘Terminology’ section of the Guide. 78 Recommendations 178 and 187 of the Guide. 79 For a law and economics perspective on this view see H Kanda and S Levmore ‘Explaining Creditor Priorities’ (1994) 80 Virginia

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Roman Tomasic

the capacity of contemporary Governments of democratic capitalist countries to implement policies in the public interest that are contested by powerful private interests . . . We [are] back in the old world, in which policy was the resultant of pressure from vested and other sectional interests. – Professor Ross Garnaut2 [BHP Billiton’s CEO Marius] Kloppers assumed the leadership role in the anti-­tax campaign . . . [BHP Billiton] . . . felt that the RSPT [Resources Super Profits Tax] had global ramifications: if this was not done in Australia, other nations would

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Edited by Alice de Jonge and Roman Tomasic

Transnational corporations (TNCs) have moved to the forefront of regulatory governance both within states and in the international arena. The Research Handbook on Transnational Corporations provides expert background commentary and up-to-date insights into regulatory frameworks impacting on TNCs at global, industry and national levels. Written by global experts in their field, this unique collection of essays provides in-depth understanding of how the forces of globalisation affect the world’s largest corporations, and how those corporations, in turn, shape globalisation.
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Anna Chou

and its target consumer. Marketing campaigns are for economic gains, an extrinsic motivation for enterprises. CSR, however, is about accomplishing a good in addition to profit. The global consumer electronics supply chain requires consideration of human rights impacts because of concerns for conflict minerals and worker conditions. The need for minerals ties many actors and interest groups into a complex problem in the consumer electronics industry. Mineral sourcing raises issues of the political economy, consumerism and profit-­ driven decision-­ making. Among the

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Rachel J. Anderson

security and quality of   Beth Stephens, ‘The Amorality of Profit: Transnational Corporations and Human Rights’ (2002) 20 Berkeley Journal of International Law 45, 47–48. 11   See Jaworek and Kuzel (n 9) 59, 67. 12   (n 9) 67. 13   (n 9) 65–66. 14   Raquel Alexander, Stephen W. Mazza and Susan Scholz, ‘Measuring Rates of Return on Lobbying Expenditures: An Empirical Case Study of Tax Breaks for Multinational Corporations’ (2009) 25 Journal of Law and Policy 401, 407–408. 15   Alexander, Mazza and Scholz (n 14); see also Jeffrey M. Berry, The New Liberalism: The Rising

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Thomas Hoeren, Barbara Kolany-Raiser, Silviya Yankova, Martin Hecheltjen and Konstantin Hobel

This important book illustrates the implications of preservation actions on intellectual property rights and data protection. These can include: Potential violation of data protection laws through the storage of personal data, and potential infringement of a copyright-holder’s exclusive right to reproduce and store their copyright protected data. The book considers the scope of protection under both IP and data protection rights, and offers strategies on avoiding potential infringement. Further IT contracting issues and selected existing legal obligations to preserve data are described with a particular emphasis on digital preservation.
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Megan Bowman, George Gilligan and Justin O'Brien

, then to the relative isolation under Mao Zedong in the 1950s, the ‘open door’ FDI policy of the 1980s, and the ‘going global’ ODI strategy of the current era. We then explore the strategy behind China’s global investment behaviour. Utilizing extant empirical data we analyze the global sectors and jurisdictions in which China has invested and show that significant Chinese investments have occurred in both developed and developing nations but more so in the former; and in mining/natural resources but with emerging diversification toward energy, agriculture and

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Alice de Jonge

influence is compounded by close connections and communities of interest linking TNCs to each other. A 2011 study conducted by complex systems theorists at the Swiss Federal Institute of Technology in Zurich combined the mathematics used to model natural systems with comprehensive corporate data to map o ­ wnership among the world’s TNCs.5 The authors’ analysis of the  OECD, Action Plan on Base Erosion and Profit Shifting (OECD Publishing, 2013) <http://dx.doi.org/10.1787/9789264202719-­en> Chapter 1. 4   (n 3). 5   Stephania Vitali, James B. Glattfelder and Stefano

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Jodie A. Kirshner

-­corporate stock ownership originally was outlawed in the United States and Europe, and only natural persons could own shares.59 In the US, the first holding 55   Benjamin M. Oviatt and Patricia Phillips McDougall, ‘Toward a Theory of International New Ventures’ (1994) 25 Journal of International Business Studies 45–64. 56   Madsen and Servais (n 47). 57   Erik S. Rasmussen and Tage Koed Madsen, ‘The Born Global Concept’, paper for the 28th EIBA Conference, December 2002. 58   If they choose to involve outsiders, they can sell or buy goods to and from other entities for forward