Multinational enterprises are at the heart of the tension between sovereign control and liberalisation of the entry and establishment of foreign direct investment.
Discuss.
MNES AFFECTS STATE INDEPENDENCE AND USE OF AID TO CONTROL STATE
CRITICALLY ANALYSE THE IISUES RAISED IN THE QUESTION
Prepare introduction with thesis statement and use headings and subheadings through out to show issue addressed. Conclusion must answer question by showing your position and how it is evidenced through out your arguments.
What is the status of MNEs under international law and why does it matter?
Widely discuss existing conflicts ,and offer you opinion concluding each paragraph , on the legal and regulatory problems created by the operations of MNEs; (please look at the multiple ways in which MNEs organise themselves and the legal structures which correspond (or not) to MNEs structures. Time permitting, will start looking at the sites of, actors involved in and the ideologies which drive the regulatory response to MNEs)
A critical understanding of these problems in light of competing ideologies; how do MNEs operate in relation to sovereign states? Widely discuss Control over Entry and Establishment of MNEs
Widely discuss the Liberalisation of Entry and Establishment of MNEs especially in country of the south. Offer 2 examples of case studies
An understanding of the nature and development of MNEs organisation and to view this as an evolving and changing process;
Consciousness of the inter-relationship between different levels of MNEs regulation at the sub-national, national, regional and multilateral levels. Include discussions of foreign direct Investments and how they support MNEs
Kindly discuss recourse available to both state and MNE in relation to International Investment Law II: Investor-State Dispute Settlement.
Topic and Organisation
Read the topic carefully to ascertain what precisely is asked of you. Generally speaking, essays should reflect a sound knowledge of the literature and the main theoretical and/or legal questions involved. The essay should also reflect your ability to engage with the literature and form an independent and critical opinion vis–vis competing views and empirical developments as you see them. Case law should be presented in a way that underscores the point it is intended to illustrate/support/negate. Perhaps the most important point about essay writing to keep in mind is that clarity and concision of argument and presentation are absolutely vital. However sophisticated your understanding of a particular topic may be, if you fail to make your arguments in a coherent, concise and clearly structured fashion getting lost in detail, trying to fit in too much, failing to make clear transitions from one argument to the next, etc. your essay will not read as well as it could have. If you introduce a case study, make sure it is linked to the theoretical framework/argument which preceded it. You are welcome to formulate your own topic subject to approval.
Give thought to how you would want to approach the topic. This is always important, but particularly so where the topic is broad. The topic invites you to consider, first what to address generally and then what to focus on start with setting out your thoughts and knowledge relevant to the topic generally and then narrow down the discussion to an aspect or aspects you are particularly interested in. This will protect against insufficient depth.
Reading and IT Inputs:
REFERENCES:
HEAVILY REFERENCE BOOK BELOW-There is a chapter on sovereignty and the law, international perspectives
Peter T Muchlinski, Multinational Enterprises and the Law (Oxford University Press, 2nd Ed, 2007). The 3rd edition of Peters book is expected in early 2021
Other Reference Sources:
There are numerous books recommended as further reading for the course (see below).
Articles in the following journals:
ICSID Review Foreign Investment Law Journal
Journal of International Business Studies
Journal of World Investment and Trade
Journal of World Trade
Journal of International Economic Law
Transnational Corporations
Articles from other international law journals; and numerous academically appropriate websites on the internet
Fabio Morosini and Michelle Ratton Sanche/Badin (eds), Reconceptualising International Investment Law from the Global South (CUP 2018). Sections of the book can be found on the internet.
‘International Investment Treaties under Scrutiny: Bilateral Investment Treaties, EU Investment Policy and International Development’
Kyle Dylan Dickson-Smith, ‘ Does the European Union Have New Clothes? : Understanding the New EU ‘s New Investment Treaty Model’ 17 (2016) 5 Journal of International Investment and Trade 773
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