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Contents
- Preliminary Material
- Dedication
- Preface and Acknowledgements to the Third Edition
- Preface and Acknowledgements to the Second Edition
- Preface and Acknowledgements to the First Edition
- Table of Contents
- Table of Cases
- Decisions of National Courts and Tribunals
- Decisions of the European Court and Commission
- Decisions of International Courts and Tribunals
- European Court and Commission of Human Rights
- Inter-American Court of Human Rights
- International Arbitrations
- International Centre for Settlement of Investment Disputes (Decisions and Awards of ICSID Tribunals including NAFTA cases under the Additional Facility procedure)
- International Court of Justice
- Nuremberg Military Tribunals
- Permanent Court of Arbitration
- Permanent Court of International Justice
- WTO Dispute Settlement Body (Including GATT 1947 Panel Reports)
- Table of Statutes
- Albania
- Argentina
- Australia
- Azerbaijan
- Belarus
- Bolivia
- Brazil
- Canada
- Colombia
- Dominican Republic
- Ecuador
- Egypt
- France
- Germany
- Ghana
- India
- Indonesia
- Ireland
- Israel
- Japan
- Kazakhstan
- Kyrgyz Republic
- Mexico
- Netherlands
- New Zealand
- Nigeria
- Pakistan
- People’s Republic of China (PRC)
- Peru
- Philippines
- Poland
- Republic of Korea
- Russian Federation/USSR
- South Africa
- Spain
- Sri Lanka
- Switzerland
- Tanzania (including Zanzibar)
- Uganda
- Ukraine
- United Kingdom
- United States
- California
- Uzbekistan
- Former Yugoslavia
- Table of EU Materials
- Table of Treaties
- Table of Official Publications of Governments and International Organizations
- Governments
- International Organizations
- Andean Common Market (ANCOM)
- Bank of International Settlements: Basel Committee on Banking Standards
- Commission on Intellectual Property Rights
- International Bank for Reconstruction and Development (IBRD or World Bank)
- International Chamber of Commerce Court of Arbitration (ICC)
- International Labour Organisation
- International Law Commission
- International Law Institute
- MERCOSUR
- Organization of American States
- Organisation for Economic Cooperation and Development
- United Nations
- Conventions and Reports
- General Assembly Resolutions
- Office of the United Nations High Commissioner for Human Rights
- Special Representative of the Secretary-General on Business and Human Rights
- United Nations Centre for Transnational Corporations and Transnational Corporations Management Division
- United Nations Commission on International Trade Law (UNCITRAL)
- United Nations Commission on Transnational Corporations
- United Nations Conference on Environment and Development (UNCED)
- United Nations Conference on Trade and Development (UNCTAD)
- General
- Intergovernmental Group of Experts on International Standards of Accounting and Reporting (ISAR)
- Series on issues in international investment agreements Series I:
- Series on issues in international investment agreements: Series II:
- World Investment Reports
- UN Sub-Commission on the Promotion and Protection of Human Rights
- UN Human Rights Council
- World Trade Organisation
- List of Abbreviations
- Main Text
- Part I The Conceptual Framework
- 1 Getting to Know Multinationals
- (1) Problems of Definition
- (2) The Principal Phases of MNE Growth
- (3) Explanations for the Growth of MNEs
- (4) The Role of Legal Factors in the Growth of MNEs
- Concluding Remarks
- 2 Business and Legal Forms of Multinational Enterprise
- (1) MNEs as Business Organizations
- (2) Legal Forms of Multinational Enterprise
- (3) Business and Legal Forms and the Control of MNE Activities
- Concluding Remarks
- 3 Regulating Multinationals
- 4 Jurisdiction and MNE Regulation
- 1 Getting to Know Multinationals
- Part II Economic Regulation
- 5 Control of Inward Investment
- 6 Liberalization and Promotion of Inward Investment
- 7 Taxation
- (1) The International Tax System and Tax Base Erosion
- (2) Location of Investments: Revenue, Tax Incentives and Tax Havens
- (3) Tax Avoidance Practices of MNEs
- (4) Regulation of MNE Tax Avoidance
- (5) Corporate Social Responsibility and Tax Avoidance
- (6) Alternative Approaches to MNE Tax Avoidance
- Concluding Remarks
- 8 Multinational Group Liability and Directors’ Duties
- 9 Corporate Governance and Disclosure
- 10 Regulating Multinational Banks
- 11 Competition
- (1) Nature and Aims of Competition Law and Policy
- (2) MNE Operations and Competition
- (3) Anticompetitive Agreements and Concerted Practices
- (4) Abuse of a Dominant Position or Monopolization
- (5) Regulating Transnational Mergers and Acquisitions
- (6) Merger Controls and National Economic Policy
- (7) Global Competition Rules and Sustainable Development
- Concluding Remarks
- 12 Intellectual Property and Technology Transfer
- Part III The Social Dimension
- 13 Labour Relations
- 14 Human Rights
- 15 Environmental Issues
- Part IV The Impact of International Investment Law
- 16 The Control of Investment Risks through International Investment Agreements
- (1) The Development of International Investor Protection Standards
- (2) The Development of ‘First-Generation’ IIAs
- (a) Historical Origins
- (b) The Content of ‘First-Generation’ IIAs
- (i) Preamble
- (ii) Scope of Application
- (iii) Standards of Treatment
- (iv) Fair and Equitable Treatment
- (v) National Treatment
- (vi) Most-Favoured-Nation (MFN) Standard
- (vii) Observance of Obligations
- (viii) Free Transfer of Payments
- (ix) Compensation for Losses Due to Armed Conflict or Internal Disorder and Full Protection and Security
- (x) Expropriation
- (xi) Other Specific Standards
- (xii) Disputes between the Contracting Parties
- (xiii) Disputes between the Host State and the Foreign Investor
- (3) Expansive Arbitral Interpretation of IIAs
- (4) The Reform of IIAs: Sustainable Development and Investor Protection
- Concluding Remarks
- 17 Investor–State Dispute Settlement
- 16 The Control of Investment Risks through International Investment Agreements
- Part I The Conceptual Framework
- Further Material