Multinational Enterprises &amp; the Law

Muchlinski, Peter

doi:10.1093/law:iic/9780199227969.book.1

Cited by 259 publications

(63 citation statements)

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“…9 A detailed chronology is given in Diggle and Nobes (1994) but briefly, the Seventh Directive originated in a preliminary draft prepared within the Commission in 1974 and was published as a draft directive in 1976; a revised draft directive was released in 1979 and after many years of discussion, compromise and refinement, the final version of the directive was approved in June 1983. See also Muchinski (1999). Vol.…”

Section: Regulatory Backgroundmentioning

confidence: 99%

Setting UK standards on the concept of control: An analysis of lobbying behaviour

Stenka

Taylor

2010

Accounting and Business Research

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The present study aims to contribute to an understanding of the complexity of lobbying activities within the accounting standard-setting process in the UK. The paper reports detailed content analysis of submission letters to four related exposure drafts. These preceded two accounting standards that set out the concept of control used to determine the scope of consolidation in the UK, except for reporting under international standards. Regulation on the concept of control provides rich patterns of lobbying behaviour due to its controversial nature and its significance to financial reporting. Our examination is conducted by dividing lobbyists into two categories, corporate and non-corporate, which are hypothesised (and demonstrated) to lobby differently. In order to test the significance of these differences we apply ANOVA techniques and univariate regression analysis. Corporate respondents are found to devote more attention to issues of specific applicability of the concept of control, whereas non-corporate respondents tend to devote more attention to issues of general applicability of this concept. A strong association between the issues raised by corporate respondents and their line of business is revealed. Both categories of lobbyists are found to advance conceptually-based arguments more often than economic consequences-based or combined arguments. However, when economic consequences-based arguments are used, they come exclusively from the corporate category of respondents.

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Section: Regulatory Backgroundmentioning

confidence: 99%

Setting UK standards on the concept of control: An analysis of lobbying behaviour

Stenka

Taylor

2010

Accounting and Business Research

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“…If this were the case, the instrument may simply restate the principles of State responsibility for private actors already articulated in widely ratified human rights treaties. 64 The factors that inhibit the efficacy of these existing obligations rest on the unwillingness or incapacity of many host States to give effect to their international obligations, in light of widespread corruption, 65 fragile governmental infrastructures 66 and the quest for capital via FDI. 67 This article argues that a regime addressing both States and non-State actors is required to ensure effective engagement with fundamental human rights standards.…”

Section: Identifying Duty-bearers Allocating Responsibilitymentioning

confidence: 99%

Assessing the Feasibility of a Business and Human Rights Treaty

McConnell¹

2016

ICLQ

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In light of a recent shift in dialogue to hard law standards in the domain of business and human rights, this article provides an in-depth examination of the viability of a business and human rights treaty. It seeks to advance a valid theoretical model for a treaty that directly addresses non-State actors, explores the allocation of responsibility among multiple duty-bearers, and contemplates the scope, content, and enforcement of the potential obligations. By supplementing this analysis with analogies drawn from existing treaty regimes, the article aims to contribute positively to the normative development of international law in the field.

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“…Thus, the developing nations are forced to assent to a system that assures their continued dependence and introduces a spiral of complicity and economic oppression. As Muchlinski (1997) has noted, developed countries want to impose a model of strong protection for intellectual property on developing countries in the shape of treaties and agreements which may affect their development (p. 438).…”

Section: Technology Transfer and Development The Need For Technology mentioning

confidence: 99%

For All of Our Languages We are Not Natives Here

Gillen

2012

Digital Economy Innovations and Impacts on Society

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This paper seeks to explore the concept of the digital divide by critiquing the notion of the digital native and its relationship to the legal conception of technology transfer and sited knowledge. It is the contention of this paper that technology transfer is key in developmental issues currently facing the international community in general, and is the first and paramount step in bridging the digital divide specifically. In order to be sustainable, a technology transfer must include capacity building strategies in which the notion of suitably embedded knowledge is already present in other areas of international IP law; specifically in the areas of Traditional Knowledge (TK) and Traditional Cultural Expression (TCE). Finally, if this concept of embedded knowledge is further applied to the idea of the digital divide then it becomes apparent that there is a socially damaging and a potentially ecologically unsound digital divide at work, even among those who are resource rich.

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Multinational Enterprises & the Law

Cited by 259 publications

References 0 publications

Setting UK standards on the concept of control: An analysis of lobbying behaviour

Setting UK standards on the concept of control: An analysis of lobbying behaviour

Assessing the Feasibility of a Business and Human Rights Treaty

For All of Our Languages We are Not Natives Here

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