"The Problem of the Enterprise and the Enterprise of Law: Regulating the Multinational Enterprise as Entity, as a Network of Links, and as a Process of Production"

The conception and use of the multinational enterprise as a basis for regulatory analysis and policy has interested me for some time (e.g., The Concept of Constitutionalization and the Multi-Corporate Enterprise in the 21st Century; Regulating Multinational Corporations — Trends, Challenges and Opportunities; The Evolving Relationship between TNCs and Political Actors and Governments). The entity, so-called, poses substantial challenges in a number of respects.  First, while lawyers and others have gotten into the habit of speaking about this "thing", it does not exist, for the most part, in law. That has been a problem (in need of solution) especially in the emerging area of the regulation of the human rights effects of economic activity (and especially that undertaken through production chains). Second, even if one could overcome the problem of crafting this form of enterprise as an object of law, it has proven difficult regulate this "thing" through the territoriality constrained law making efforts of states.  Third, state efforts to overcome the limitations of their territory by trying to project their legal regimes outward on the backs of their enterprises has not proven entirely successful--even among the most powerful states most likely to be able to successfully undertake such projection of law.  Fourth, the object of regulation is not necessarily centered on the organization or operation of such enterprises as much as it is about its effects; as such, regulatory issues tend to center on the allocation of legal liability for tort, contract, and the like. 

I recently posted a draft of some additional thoughts about the "problem" of the MNE for law (Regulating the Multinational Enterprise as Entity, as a Network of Links and as a Process of Production). I was lucky enough to have been given a chance to speak to that manuscript to a marvelous group of faculty on a recent visit to the University of San Diego School of Law. 

This post includes the PowerPoints of that presentation.  The draft (for those interested) may be accessed HERE.