International Informal Law-Making and Multi-Level Governance Intermediaries: the Case of National Contact Points Under the OECD Guidelines for Multinational Enterprises and Dispute Settlement

2014 ◽  
Author(s):  
Axel Marx ◽  
Jan Wouters
Keyword(s):  
Multinational Enterprises ◽  
Dispute Settlement ◽  
Contact Points ◽  
Multi Level ◽  
Law Making

Not Like the Others? The Position of Associated States and Dependent Territories in Fishing Disputes

2020 ◽  
Vol 22 (3-4) ◽  
pp. 471-486
Author(s):  
Marco Benatar
Keyword(s):  
International Law ◽  
Fisheries Management ◽  
Dispute Settlement ◽  
The Other ◽  
Applicable Law ◽  
International Dispute ◽  
The Pacific ◽  
The One ◽  
Regional Fisheries Management Organizations ◽  
Law Making

Abstract Fisheries are of vital concern to associated states and dependent territories located in diverse regions ranging from the Pacific to the Atlantic. The special characteristics of these actors have led to innovative international law-making, including the terms that have been agreed within regional fisheries management organizations and arrangements to facilitate representation of non-metropolitan territories’ interests. The question may be raised whether similar innovations can be found in the field of international dispute resolution. The aim of this brief article is to consider some linkages between associated states and dependent territories on the one hand and international dispute settlement concerning fishing on the other. Four such connections will be examined in turn: access to court, representation in proceedings, applicable law in proceedings, and the territorial exclusion of disputes.

Multi-Level Governance: Explaining the “climate-focused” behavior of Chinese exporting companies

2018 ◽  
Vol 34 (2) ◽  
pp. 165-188 ◽  
Author(s):  
Yitian Huang
Keyword(s):  
Multinational Enterprises ◽  
National Level ◽  
Developed Countries ◽  
International Norms ◽  
Business Strategies ◽  
Chinese Government ◽  
Governmental Organizations ◽  
Nation States ◽  
Non Governmental Organizations ◽  
Multi Level

While being increasingly aware of the importance of adopting climate-friendly business strategies, Chinese exporting companies have been active in taking “climate-related” actions but moderate in taking “climate-focused” actions. This article presents a preliminary attempt to apply Multi-Level Governance theories to explain the behavior of Chinese exporting companies toward climate change mitigation. It argues that the convergence of state-centered climate politics and market-oriented climate governance, which has a multi-level feature, has shaped the “climate-focused” behavior of Chinese exporting companies. Specifically, nation-states, multinational enterprises, and non-governmental organizations have contributed in the following ways: (1) at the global level, nation-states co-established and interpreted international norms, which generally justify the stance of the Chinese government, have been an indirect source of influence; (2) at the national level, the Chinese government has been the most influential actor, which has put emphasis on energy-saving when interpreting and operationalizing international norms; (3) at the industrial level, multinational enterprises and international non-governmental organizations have been influential contributors by playing a proactive role in launching and running low-carbon initiatives; and (4) transnational public–private partnerships launched in China and some developed countries have offered limited momentum.

The Roles and Powers of the oecd National Contact Points Regarding Complaints on an Alleged Breach of the oecd Guidelines for Multinational Enterprises by a Transnational Corporation

2015 ◽  
Vol 84 (1) ◽  
pp. 89-126 ◽  
Author(s):  
Juan Carlos Ochoa Sanchez
Keyword(s):  
Multinational Enterprises ◽  
Empirical Studies ◽  
Transnational Corporation ◽  
The United States ◽  
Contact Points ◽  
Hard Law ◽  
Systematic Understanding ◽  
Corporate Social ◽  
Normative Considerations ◽  
Normative Perspective

This article reflects on the roles and powers of the oecd National Contact Points (ncps), under the 2011 version of the oecd Guidelines for Multinational Enterprises (‘the Guidelines’), regarding complaints on an alleged breach of the Guidelines by a transnational corporation, from both the empirical and the normative perspective. It does so through an examination of relevant oecd instruments, the regulations and practice of Brazil’s, Mexico’s, Norway’s, the United Kingdom’s and the United States of America’s ncps, and many relevant theoretical and empirical studies. While this work demonstrates the particular importance of the function of ncps of handling these complaints, it finds that the ncps case studies and the Australian have fundamentally different conceptions of their roles and powers regarding such complaints. This contribution, then, proposes an interpretation of these matters based on a systematic understanding of relevant oecd instruments and broader normative considerations. When doing so, it demonstrates that these differences are not well justified in normative terms. In addition and when addressing the main arguments against the proposed view in this study, this work provides new analysis on the distinction between soft and hard law in the field of corporate social responsibility, in light of the case of the Guidelines.

scholarly journals Can Parents Be Attributed to Their Subsidiary Performance? A Multi-Level Analysis for Performance Determinants of Multinational Enterprises in Pakistan

2020 ◽  
Vol 6 (2) ◽  
pp. 34
Author(s):  
Nayab Zahra ◽  
Danish Ahmed Siddiqui
Keyword(s):  
Capital Investment ◽  
Multinational Enterprises ◽  
Hierarchical Linear Model ◽  
Subsidiary Performance ◽  
International Firms ◽  
Governance Indicators ◽  
Multi Level ◽  
Governance Institutions ◽  
Performance Determinants ◽  
Level Analysis

International firms are highly sensitive to the performance of their subsidiaries and want to understand the factors behind their monetary success. Thus, numerous strategies are employed by these International firms to explore subsidiaries’ performance determinants; usually, these include subsidiary level attributes, ignoring the parent’s impact along with its country. To address this gap we construct a multi-level research that focuses the subsidiary, parent attributes along with countries’ Governance Indicators while predicting the determinants of subsidiary performance in Pakistan.We use two different levels i.e. parent & subsidiary level; multi-level analysis approach with HLM (Hierarchical Linear Model) in this research paper. Governance indicators of both parents and subsidiaries were taken explanatory factors along with Market growth, size, Performance, R & D, capital structure as well as asset management policies of parent. Subsidiary level factors included parents’ ownership, size, equity, and capital investment. 26 multinational companies listed on Pakistan Stock Exchange were included. Data was taken from the year 2012 to 2018. Selected companies cover around ten sectors of Pakistan Stock Exchange.The study revealed that on both levels; parents and subsidiaries, Governance institutions are more influencing factors rather than companies’ own attributes. We recommend that before investing in a country, international businesses should take into account Governance institutions (by World Bank); more than their own attributes.Originality/value - This study contributes to the existing approaches to determining subsidiary performance through adding Governance institutions and parent level attributes. Especially it explores the determinants of subsidiary performance in a developing country; Pakistan in the Asia continent.

scholarly journals Green Shoots in a Barren World: Recent Developments in International Investment Law

2020 ◽  
Vol 67 (3) ◽  
pp. 453-471
Author(s):  
Jason Rudall
Keyword(s):  
Human Rights ◽  
Dispute Settlement ◽  
International Investment ◽  
International Investment Law ◽  
Business And Human Rights ◽  
Good Investment ◽  
Investment Law ◽  
Multiple Challenges ◽  
The Right ◽  
Law Making

AbstractThis article begins from the observation that there have been a number of developments in international investment law-making and the jurisprudence of investor-state dispute settlement tribunals involving the protection of the environment and human rights. As for law-making, this article explores the evolving substance of international investment agreements as well as regulatory developments in the area of business and human rights that are of relevance to the international investment law framework. The article then turns to consider the emergence of human rights and environmental issues in the recent jurisprudence of investment tribunals and appraises how such issues have been dealt with—both in procedural and substantive terms—by arbitral tribunals. Finally, it questions whether investment tribunals are appropriate venues for the adjudication of non-investment matters like environmental and human rights issues, and highlights best practices that could be adopted by future tribunals. Overall, the article concludes that the piecemeal approach adopted to date provides a step in the right direction but is ultimately inadequate given the multiple challenges that our planet currently faces. Rather, a more ambitious agenda that is concerned with promoting good investment, as opposed to mitigating bad practices, should be pursued.

Modern slavery and international business scholarship: the governance nexus

2019 ◽  
Vol 15 (2/3) ◽  
pp. 139-157 ◽  
Author(s):  
Brent Burmester ◽  
Snejina Michailova ◽  
Christina Stringer
Keyword(s):  
International Business ◽  
Multinational Enterprises ◽  
Governance System ◽  
Content Type ◽  
Modern Slavery ◽  
Strong Position ◽  
Multi Level ◽  
Primary Unit ◽  
Regulatory Challenge

Purpose Modern slavery is a problem that international business (IB) research can no longer ignore. Multinational enterprises (MNEs) are often contributors to the persistence of modern slavery, by virtue of the regulatory challenge they pose to states and their insufficient oversight of supply chains. The purpose of this paper is to show that governance inadequacies with respect to modern slavery will be lessened if IB scholars give more attention to MNEs’ governing role within and beyond global value chains. Design/methodology/approach A set of arguments is presented in support of intensified effort in IB research with respect to studying the role of MNEs in transnational labour governance. The paper draws inspiration from IB theory and the conceptualisation of the MNE in neighbouring disciplines that regard it as a bearer of duties toward labour, consistent with its role in multilevel governance. Insights from the literature on global and multi-level governance are utilised. Findings The paper construes modern slavery as a multi-level governance challenge and argues that MNE capabilities and responsibilities with respect to labour governance and the deterrence of slavery exceed those identified on the margins of IB literature. MNEs are underappreciated as governors within the multilevel transnational labour governance system. The IB discipline is in a strong position to develop our understanding of the MNE’s different roles in governance and thereby contribute to the reduced incidence of modern slavery. Originality/value This paper represents an attempt to mobilise the IB academy to help eliminate slavery from workplaces that rely on MNE patronage or where labour rights abuses are made possible by MNE diversion of governance resources. It places particular emphasis on the use and abuse of MNEs’ governance capabilities in the sphere of international relations and calls attention to over-simplification of the MNE, IB’s primary unit of analysis.

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