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corporate laws to determine liability of different group of companies, holding and associate companies. There has been a complex … capital, technology transfer etc. This article seek to determine the liability of such companies in different possible …
Persistent link: https://www.econbiz.de/10012725233
The article accounts for three baselines that marked the thinking in the field of business and human rights: the first legalization baseline drawn by international human rights lawyers engaged in the UN Draft Norms effort of early 2000s, the second baseline exposing the polycentrism and...
Persistent link: https://www.econbiz.de/10012962655
payout or risk, but more likely undertake acquisitions. These results suggest that the benefits of limited liability are …
Persistent link: https://www.econbiz.de/10012902805
This paper offers a structural tool for examining various parental liability approaches for the externalities of its … separate legal personality and limited liability, either within traditional company law or within alternative approaches … traditional company law. The situation is exacerbated by the general lack of an extraterritorial liability approach and of …
Persistent link: https://www.econbiz.de/10013005822
The paper argues that doctrinal changes in the enforcement of FCPA actions have led to an ignoring of the corporate form and suggests that a more structured approach would lead to fairer outcomes and achieve the goals the FCPA was designed for
Persistent link: https://www.econbiz.de/10013010119
, including those related to the issue of corporate ATS liability. The Supreme Court in Kiobel v. Royal Dutch Petroleum Co. in … position prior to the rise of ATS litigation, several strategies to impose liability on MNEs for the acts of offshore …
Persistent link: https://www.econbiz.de/10013053692
. It is obvious that potential corporate liability under any regime gives incentives to group companies for structuring … themselves in a way that, if ever agents who do not respect human right will be held responsible, the liability risks remain … invoke veil-piercing, direct liability or forum-doctrines to tap the financial capability of the parent company. Following …
Persistent link: https://www.econbiz.de/10013020055
Firms that do not have enough assets to cover potential tort liability have a reduced incentive to take safety … debts. Many commentators have suggested that there should be an exception to the rule of limited liability for closely held … scale. Courts could balance these factors by beginning with a presumption of liability for the parents of subsidiaries that …
Persistent link: https://www.econbiz.de/10012714000
Persistent link: https://www.econbiz.de/10012494520
Persistent link: https://www.econbiz.de/10012497698