This chapter examines the often-cited distinction between private international law and public international law in the context of the UN Convention on Contracts for the International Sale of Goods (‘CISG’). The traditional view holds that private and public international law are separate...

Traditionally, securities were held, traded, and settled in direct holding systems in which owners of securities were either recorded on the issuer's register or were in physical possession of bearer securities certificates. Today, most-publicly traded securities are recorded electronically on...

Identifying subsidiaries has always been a key issue in preparing consolidated financial statements and is still one of the most difficult accounting issues standard setters have to cope with. Moreover, the current financial crisis and recent accounting scandals have impressively demonstrated...

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...

In 2013, over a thousand workers were killed when the Rana Plaza factory building collapsed in Bangladesh, one housing several garment factories producing goods for global consumer markets. The collapse, and its consequences, exposed both the complex interweaving of national law, international...

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

Because international law has traditionally been limited to state actors, the literature on business and human rights largely focuses on whether transnational corporations can be held responsible under international law. Less attention is paid to the question of what leads corporations to...

This paper presents, from a critical perspective, the development of the CJEU's case-law on the collision between the personal law of companies and the freedom of establishment with special emphasis on the CJEU's recent judgment in VALE.It is argued that this ruling treats the incorporation...

In prior work, I suggested the way in which private enterprises have been developing coherent systems of governance that draw on but are autonomous of law and state based legal systems. In this essay I suggest the challenges to the erection of a similar coherent system of legal regulation by or...