MULTINATIONAL ENTERPRISES AND THE LAW (Sample Law Exam Paper)

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Answer THREE questions. If you need essay help, contact us.

1. Answer EITHER (a) OR (b).
(a) “Multinational enterprises have evolved as a result of market failure in the industries in which they operate.”

Discuss.

OR

(b) How far is the mid twentieth century model of the hierarchically organised“M-form” enterprise still relevant in explaining the managerial forms of today’s multinational  enterprises? How do changes in business organisation affect the legal forms of such enterprises?

2. “The nation-state is seriously challenged as a major source of regulation given the global reach of multinational enterprises and the development of economic globalisation.”

Discuss.

3. Assess the effect of the doctrine of forum non conveniens in the context of litigation involving multinational enterprises. By limiting the effect of this doctrine does English law offer a better approach than other common law jurisdictions which still retain the doctrine?

4. To what extent does the law of the United States control the entry and establishment of foreign investors within its territory? Should other countries follow the US approach?

5.  “Limited liability and separate legal personality can result in significant injustice to claimants against multinational enterprises.”

Discuss

6.

What incentives exist for multinational enterprises to practice good corporate governance? What role does increased disclosure play in this regard?

7. Answer EITHER

(a) OR (b).

(a) “The UN Norms on the Responsibilities of Transnational Corporations and other Business Enterprises with regard to Human Rights…would have extended to companies essentially the entire range of duties that States have, separated only by the undefined concepts of “primary” versus “secondary” obligations and “corporate sphere of influence”. This formula emphasizes precisely the wrong side of the equation: defining a limited list of rights linked to imprecise and expansive responsibilities, rather than defining the specific responsibilities of companies with regard to all rights.” (John Ruggie)

Discuss.

OR

(b) Assess the importance of the ILO as a standard setting body and as a monitor for the observance of fundamental labour rights by multinational enterprises.

8. “The fair and equitable treatment standard in international investment agreements unduly hampers effective host country regulation and is toofavourable to the investor.”

Discuss.

9. What is “eco-efficiency”? Is the achievement of this goal by multinational enterprises best left to self-regulation?

10. “Investor-State arbitration is an unduly onerous, untransparent and biased process, controlled by, and for the benefit of, a self-selected and self-interested elite of lawyers that brings ruin to developing countries.”

Discuss.

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