Private International Law Of Corporations

Author : Dr. Maria Kaurakova
Publisher : Spiramus Press Ltd
ISBN 13 : 191015167X
Total Pages : 168 pages
Book Rating : 4.79/5 ( download)

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Download or read book Private International Law of Corporations written by Dr. Maria Kaurakova and published by Spiramus Press Ltd. This book was released on 2017-11-10 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the theory of corporations as subjects of private international law. It aims to show the true extent and depth of legal and jurisdictional problems that states commonly face now, dealing with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction. This work rests on the idea that in the united but diverse and contradictory world founded upon eternal laws, law should be characterized by the same qualities. The main end of private international law should be to support these qualities of the world and law bringing order to it. This book is a manual for jurists, practitioners of law and academics, who need research covering specific legal and jurisdictional issues in a corporate sphere and probes the issue of the place of private international law of corporations in national systems of law, when viewed through institutional, scientific, practical, strategic and economic dimensions. This book examines the issues concerned with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction resting on the idea of distinct public policy with inherent public interest. It provides a careful study of institutional, scientific, practical, strategic and economic aspects of private international law of corporations as it was, is and ought to be. This is to show what was done, what we have at present and what needs to be done in this specific area in a manner suggesting a simple and concise reasoning within the confines of scientific, systematic and historical treatment of the issue in study.

Author : Stephan Rammeloo
Publisher : Oxford University Press, USA
ISBN 13 : 9780198299257
Total Pages : 404 pages
Book Rating : 4.57/5 ( download)

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Download or read book Corporations in Private International Law written by Stephan Rammeloo and published by Oxford University Press, USA. This book was released on 2001 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides discussion of the principle of freedom of establishment and focuses on the key issue of determining where a corporation has its 'seat' for legal purposes.

Author : Paschalis Paschalidis
Publisher : OUP Oxford
ISBN 13 : 0191638137
Total Pages : 334 pages
Book Rating : 4.38/5 ( download)

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Download or read book Freedom of Establishment and Private International Law for Corporations written by Paschalis Paschalidis and published by OUP Oxford. This book was released on 2012-03-29 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies. Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense. Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment. Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.

Author : Catherine Kessedjian
Publisher : Springer Nature
ISBN 13 : 3030351874
Total Pages : 697 pages
Book Rating : 4.78/5 ( download)

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Download or read book Private International Law Aspects of Corporate Social Responsibility written by Catherine Kessedjian and published by Springer Nature. This book was released on 2020-03-06 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Author : Ignaz Seidl-Hohenveldern
Publisher : Cambridge University Press
ISBN 13 : 9780521463249
Total Pages : 172 pages
Book Rating : 4.46/5 ( download)

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Download or read book Corporations in and Under International Law written by Ignaz Seidl-Hohenveldern and published by Cambridge University Press. This book was released on 1987-06 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with two important aspects of the place of corporate bodies in international law. The author examines, first, in relation to both private and State-owned corporations, the problems of diplomatic protection, nationalization and State responsibility. Second, he discusses some problems of those corporate entities which owe their existence to international law, whether international organizations proper or common inter-State enterprises. These questions are all ones of continuing practical interest.

Author : Doreen Lustig
Publisher : Law and Global Governance
ISBN 13 : 019882209X
Total Pages : 257 pages
Book Rating : 4.97/5 ( download)

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Download or read book Veiled Power written by Doreen Lustig and published by Law and Global Governance. This book was released on 2020-05-07 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Veiled Power conducts a thorough historical study of the relationship between international law and business corporations. It chronicles the emergence of the contemporary legal architecture for corporations in international law between 1886 and 1981. Doreen Lustig traces the relationship between two legal 'veils': the sovereign veil of the state and the corporate veil of the company. The interplay between these two veils constitutes the conceptual framework this book offers for the legal analysis of corporations in international law. By weaving together five in-depth case studies - Firestone in Liberia, the Industrialist Trials at Nuremberg, the Anglo-Iranian Oil Company, Barcelona Traction and the emergence of the international investment law regime - a variety of contexts are covered, including international criminal law, human rights, natural resources, and the multinational corporation as a subject of regulatory concern. Together, these case studies offer a multifaceted account of the history of corporations in international law over time. The book seeks to demonstrate the facilitative role of international law in shaping and limiting the scope of responsibility of the private business corporation from the late-nineteenth century and throughout the twentieth century. Ultimately, Lustig suggests that, contrary to the prevailing belief that international law failed to adequately regulate private corporations, there is a history of close engagement between the two that allowed corporations to exert influence under a variety of legal regimes while obscuring their agency.

Author : Markos Karavias
Publisher : Oxford University Press
ISBN 13 : 0199674388
Total Pages : 257 pages
Book Rating : 4.81/5 ( download)

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Download or read book Corporate Obligations Under International Law written by Markos Karavias and published by Oxford University Press. This book was released on 2013-11 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international legal status of corporations is a contentious issue, as they do not easily fit within a system traditionally designed around states. This book assesses the ways in which corporations are bound by international human rights and environmental law, and the form their obligations take.

Author : Stephen Tully
Publisher : BRILL
ISBN 13 : 9047440056
Total Pages : 528 pages
Book Rating : 4.55/5 ( download)

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Download or read book Corporations and International Lawmaking written by Stephen Tully and published by BRILL. This book was released on 2007-10-18 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one involved in international trade or environmental activism can afford to ignore this vital publication. The information it provides (on WTO jurisprudence, on current and pending environmental initiatives, on the science behind the disputes), no less than the fresh and convincing analysis it holds forth, make it an essential tool for understanding some of the most crucial issues in international law today.

Author : William Law Murfree
Publisher :
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.95/5 ( download)

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Download or read book Law of Foreign Corporations written by William Law Murfree and published by . This book was released on 1893 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Kevin Crow
Publisher : Routledge
ISBN 13 : 1000390101
Total Pages : 182 pages
Book Rating : 4.00/5 ( download)

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Download or read book International Corporate Personhood written by Kevin Crow and published by Routledge. This book was released on 2021-05-17 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores many legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in U.S. domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into ‘active’ and ‘passive’ rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that – unlike existing attempts to place the corporation in international legal theory – does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on ‘human problems’ and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have ‘passive’ or procedural rights that cater to problems that can be characterized as ‘universal’ but that international law should avoid universalizing ‘active’ or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally.