The international regulation of relationships between transnational corporations and host states: Conceptual analyses and an inquiry into attempts at codification and control.

摘要

In this study, a juridical examination is made of the relationships between Transnational Corporations (TNCs) and host states, especially developing countries as hosts. It notes the positive contributions that TNCs make to host states and encourages this trend. But more especially, it notes the tensions that have existed between them and endeavours to provide legal responses that take into account the legitimate interests of these two main actors. A harmonization approach is adopted in developing the said responses.; Some of the specific subjects that have received attention, and for which responses have been provided, include: the scope of the right to renegotiate investment contracts; the conditions for reference of international investment disputes to international dispute settlement machinery; closing loop-holes on transfer pricing practices; providing more certain and uniform consumer and environmental protection standards; and restricting the grounds for nationalization of foreign property and assessing appropriate compensation therefore.; This study is undertaken against the backdrop of international law and relations. Some important developments within which this study may be posited include the (supposed) challenges to certain (conventional) doctrines of international law such as nationalization and compensation; the concept of the new international economic order; the global-village view of the world today which demonstrates both the extent to which national actions have international dimensions and the extent to which international intercourse has national impact; the promotion and protection of international investment; the increased importance of regional and multilateral institutions; and the development of codes of conduct and other international standards to regulate the activities of their addressees.; By the jurisprudence advanced--and the exercise in progressive development of international investment law that is undertaken--the thesis makes a contribution to the general theory of legal relationships between TNCs and host states. At the same time, a commitment is maintained to two principles: (i) the integrity of states; and (ii) the promotion of international intercourse.; The objective of this study, therefore, is not to revisit the controversy about the legal relationships between TNCs and host states but, rather, to contribute to the resolution of those controversies. This is done, first, by advocating that certain normative principles be established more firmly in the mainstream of international law, and second, by supporting the multilateral agencies--particularly the UN Commission and Centre on TNCs, the Multilateral Investment Guarantee Agency, and the International Centre for the Settlement of Investment Disputes--that seek to promote more harmonious arrangements in the matter of international investments. (Abstract shortened by UMI.)