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The Multinational Challenge to Corporation Law : The Search for a New Corporate Personality - Phillip I. Blumberg

The Multinational Challenge to Corporation Law

The Search for a New Corporate Personality

Hardcover Published: 8th April 1993
ISBN: 9780195070613
Number Of Pages: 336

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Modern multinational corporate groups of incredible complexity conducting world enterprises through numerous subsidiaries have rendered traditional corporation law archaic. The traditional concept of each corporation as a separate legal unit clashes with modern economic realities and frustrates effective regulation when applied to affiliated corporations collectively conducting a common enterprise. In response, there is emerging a law of corporate groups directed at the enterprise rather than its corporate components.
As national legal systems begin to apply enterprise law to multinationals, including their foreign companies, the resulting extraterritorial application of national law inevitably leads to international controversy. Resolution of the problems presented by conflicting national regulation of multinational enterprises presents a major challenge to international law and foreign relations law, as well as to corporation law.
This volume is a comprehensive review and analysis of these major legal developments and their economic and political implications. It concludes with a pathbreaking analysis of the jurisprudential implications of the changing corporate personality in enterprise law focusing on economic organization rather than on the conceptualized legal entity of yesterday.

"The real strength of The Multinational Challenge to Corporation Law is the historical perspective it brings to the discussions of both the development of corporation law, and the development of the law relating to corporate groups...."--Modern Law Review "A readable book, easily accessible to someone who knows little of the law of corporations and, indeed, to those with no legal training at all. It treats the issues in an intelligent, balanced way, which is just what one would expect from a scholar of Blumberg's stature."--Michigan Law Review "An insightful examination of a legal issue whose importance extends well beyond the boardrooms and offices of corporate lawyers."--Dalhousie Journal of Legal Studies "This highly readable new book, while of great importance to lawyers and other students of corporation law, is presented in a format that is less formidable than many legal texts."--Journal of International Banking Law "This is a work of great learning and breadth."-- Transnational Corporations "The real strength of The Multinational Challenge to Corporation Law is the historical perspective it brings to the discussions of both the development of corporation law, and the development of the law relating to corporate groups...."--Modern Law Review "A readable book, easily accessible to someone who knows little of the law of corporations and, indeed, to those with no legal training at all. It treats the issues in an intelligent, balanced way, which is just what one would expect from a scholar of Blumberg's stature."--Michigan Law Review "An insightful examination of a legal issue whose importance extends well beyond the boardrooms and offices of corporate lawyers."--Dalhousie Journal of Legal Studies "This highly readable new book, while of great importance to lawyers and other students of corporation law, is presented in a format that is less formidable than many legal texts."--Journal of International Banking Law "This is a work of great learning and breadth."-- Transnational Corporations "A comprehensive review of major legal developments in the law of corporate groups....This volume offers considerably more to the reader than a critical re-examination of the corporate jurisprudence....Legal practitioners should benefit from reading this title as much as academics and educators."--International Company & Commercial Law Review

Prefacep. vii
Acknowledgmentsp. xiii
Historical Developmentp. 1
The Emergence of the Corporation as a Legal Unit and the Rise of Limited Liabilityp. 3
The Corporate Personality in the Courtsp. 21
The Emergence of Corporate Groupsp. 52
Entity or Enterprise in Dealing with Corporate Groups: the American Judicial and Statutory Responsep. 63
Early Judicial Attempts to Adapt Entity Law to the New Economy of Corporate Groupsp. 65
The Increasing Acceptance of Enterprise Principlesp. 89
Economic Dimensions: the Role of Limited Liabilityp. 121
World Dimensionsp. 151
European and British Commonwealth Experience with Enterprise Lawp. 153
National Law and Multinational Business: Enterprise Law and Extraterritorialityp. 168
Jurisprudential Implicationsp. 203
Legal Rights, Legal Responsibilities, and Recognition of the Legal Unit: Individuals and Physical Objectsp. 205
Legal Rights, Legal Responsibilities, and Recognition of the Legal Unit: Organizationsp. 216
The Jurisprudence of Enterprise Lawp. 231
Notesp. 255
Table of Casesp. 295
Indexp. 303
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780195070613
ISBN-10: 0195070615
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 336
Published: 8th April 1993
Country of Publication: US
Dimensions (cm): 21.44 x 15.55  x 2.69
Weight (kg): 0.49