Application of the Trading with the Enemy Act to Foreign Corporations Owned by Americans: Reflections on Fruehauf v. Massardy

Craig, W. Laurence

doi:10.2307/1339659

Cited by 6 publications

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“…Thus '…international law is considered to give a state jurisdiction over conduct within its own territorial borders, and over the actions of its own nationals anywhere.' That being said, territoriality is generally considered to prohibit extraterritorial acts, the prosecution of foreigners for acts committed outside of a state's territories (Craig 1970).…”

Section: Jurisdictional Conflict and Extraterritorialitymentioning

confidence: 99%

Sovereignty@Bay

Kobrin¹

2009

The Oxford Handbook of International Business

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This article is concerned with only one aspect of the vast literature on MNE–state relations: the impact of the MNE on sovereignty, autonomy, and control. It argues that the mainstream literature of the sovereignty at bay era did not predict the end of the nation-state or conclude that sovereignty is critically compromised either in theory or practice. In fact, while the terms ‘sovereignty’, autonomy', and ‘control’ appear frequently in these discussions, they are rarely defined or even used precisely. At the end of the day MNEs are international or cross-border entities which are of the existing inter-state system firmly rooted in national territorial jurisdiction. The problems posed by the traditional MNE for both states and the inter-state system tend to involve issues of jurisdictional asymmetry, jurisdictional overlap and control, rather than sovereignty in its formal sense. The hierarchical or Fordist structure of the traditional MNE reinforces the core values of the modern international political system: state sovereignty and mutually exclusive territoriality.

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Section: Jurisdictional Conflict and Extraterritorialitymentioning

confidence: 99%

Sovereignty@Bay

Kobrin¹

2009

The Oxford Handbook of International Business

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“…That being said, territoriality is generally considered to prohibit extraterritorial acts, the prosecution of foreigners for acts committed outside of a state's territories (Craig 1970).…”

Section: Jurisdictional Conflict and Extraterritorialitymentioning

confidence: 99%

“…Although the US government accepts the principle of territoriality, it also argues that it has jurisdiction over its nationals anywhere, and that control --and ownership --determine nationality (Craig 1970). That ambiguity makes determining the 'nationality' of the subsidiary of a multinational firm problematic.…”

Section: Jurisdictional Conflict and Extraterritorialitymentioning

confidence: 99%

Sovereignty@Bay: Globalization, Multinational Enterprise, and the International Political System

Kobrin¹

2001

Oxford Handbook of International Business

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The impact of the multinational enterprise (MNE) on sovereignty, autonomy, and control is addressed. It is argued that the mainstream literature of the sovereignty at bay era (which followed the first dramatic expansion of the traditional MNE) did not predict the end of the nation state or conclude that sovereignty is critically compromised either in theory or practice. However, it is suggested that at the beginning of the twenty‐first century, sovereignty has become much more problematic as globalization has compromised territorial sovereignty; MNEs have played a central role in this process.

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1982

Use of Force · War and Neutrality Peace Treaties (N–Z)

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Application of the Trading with the Enemy Act to Foreign Corporations Owned by Americans: Reflections on Fruehauf v. Massardy

Cited by 6 publications

References 0 publications

Sovereignty@Bay

Sovereignty@Bay

Sovereignty@Bay: Globalization, Multinational Enterprise, and the International Political System

Articles in Alphabetical Order

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