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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

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.

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