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Regulating in a Transnational Context: Three Foundational Principles

Mares, Radu LU (2017)
Abstract
This brief puts forward three foundational principles that explain the difficulties in regulating multinational enterprises. This has implications on whether more or less coercive strategies could be pursued to ensure responsible business conduct. The task of regulating lead firms should remain mindful of fundamental considerations of corporate law (legal separation of entities), international law (national sovereignty) and human rights law (leverage for rightholders). To succeed, regulation should be designed in a way that minimizes the frictions with these three principles. In many situations the task is to conceive policy mixes adapted to the mobility of global value chains and thus deliver a regulatory regime able to account for and... (More)
This brief puts forward three foundational principles that explain the difficulties in regulating multinational enterprises. This has implications on whether more or less coercive strategies could be pursued to ensure responsible business conduct. The task of regulating lead firms should remain mindful of fundamental considerations of corporate law (legal separation of entities), international law (national sovereignty) and human rights law (leverage for rightholders). To succeed, regulation should be designed in a way that minimizes the frictions with these three principles. In many situations the task is to conceive policy mixes adapted to the mobility of global value chains and thus deliver a regulatory regime able to account for and navigate a course around foundational principles specific to the transnational business and human rights area. (Less)
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author
organization
publishing date
type
Working Paper
publication status
published
publisher
Raoul Wallenberg Institute of Human Rights
language
English
LU publication?
yes
id
59338f24-c58d-4e4c-9a24-59eeafc81a73
date added to LUP
2017-11-06 09:06:19
date last changed
2018-01-04 09:39:52
@misc{59338f24-c58d-4e4c-9a24-59eeafc81a73,
  abstract     = {This brief puts forward three foundational principles that explain the difficulties in regulating multinational enterprises. This has implications on whether more or less coercive strategies could be pursued to ensure responsible business conduct. The task of regulating lead firms should remain mindful of fundamental considerations of corporate law (legal separation of entities), international law (national sovereignty) and human rights law (leverage for rightholders). To succeed, regulation should be designed in a way that minimizes the frictions with these three principles. In many situations the task is to conceive policy mixes adapted to the mobility of global value chains and thus deliver a regulatory regime able to account for and navigate a course around foundational principles specific to the transnational business and human rights area.},
  author       = {Mares, Radu},
  language     = {eng},
  month        = {11},
  note         = {Working Paper},
  publisher    = {Raoul Wallenberg Institute of Human Rights},
  title        = {Regulating in a Transnational Context: Three Foundational Principles},
  year         = {2017},
}