"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"…

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