| dc.description.abstract | The purpose of the thesis is to examine problems related to the liability of multinational
enterprises (MNEs) for their subsidiaries' torts. The reason for the existence of the
problems is that the legal theories and practice fail to understand interdisciplinary
features of MNEs. Thus, there have been no satisfactory solutions to the problem of tort
liability of MNEs.
In order to understand the questions of liability, there should be an examination of
the concept of multinational enterprise using interdisciplinary methodology. Thus, the
thesis, in the first section, examines the social, economic, managerial and legal
characteristics of MNEs and compares the findings of this examination to the current
understanding of MNEs in the way that tort liability is applied to them. As a result, there
is a conflict between legal understanding of the structure of MNEs and contemporary
realities; while legal practice considers MNEs as simple vertically structured
organisations; an interdisciplinary examination reveals more complex horizontal
structures with different characteristics. This conflict creates problems of liability and
also prevents satisfactory solutions to problems of tort liability in the context of MNEs.
In the second section, the thesis examines the existing laws related to liability of
MNEs from different jurisdictions. The aim of this examination is to assess whether
these laws are adequate for the challenges modern MNEs create. The thesis seeks in
each sub-section to understand how groups of companies are conceived by these laws
and how liability rules would be different if modern understandings of MNEs are
applied in these cases.
In the final section, the thesis aims to identify the basic problems of achieving
satisfactory tort liability for MNEs and it offers solutions to the problems of liability for
MNEs subsidiaries' tort based on the findings in the first and the second parts of the
thesis. | en_US |
