This contribution considers the nature of the relationships among TNCs, political actors and government, as a set of emerging ecologies of political economy. Each represents a distinct response to the transformation of the global legal, economic and political order in the face of globalization....

Since the 1970s there has been an explosion of regulatory efforts that have arisen, both within and beyond law, the object of which is to manage MNEs. The MNE itself has also exploded as body on which law can be imposed. It very much retains its identity as an object ("the enterprise") of...

This essay considers the emergence of data driven analytics and the algorithmic techniques of imposing consequences (some of it machine driven (artificial intelligence (AI) based) as defining not just new modalities of governance but reshaping the conception of spatiality within which entangled...

Regulatory power has become fractured. Its assertion both by public and private bodies is well known. Less well recognized is that the expression of this regulatory power has been fracturing as well. No longer confined to positive regulation or judicial decision, the techniques for enforcing...

Corporate social responsibility (CSR) can be split along two distinct lines. The first touches on the nature of corporate personality and is rooted in domestic law regulating enterprises specifically and legal persons generally. The second touches on the nature of the rights of individuals and...

MiFID, the Market in Financial Instruments Directive, in force 1st November 2007, is hailed as the next great step toward market integration within the European Union. It is grounded in two key traditional policies of market regulation: surveillance and management. MiFID will exact a greater...

This past summer, the Working Group on the Issue of Human Rights and Transnational Corporations and other Business Enterprises delivered its 2016 Report to the U.N. Human Rights Council. The focus of that report was the relationship of states and state owned enterprises to the state duty to...