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Introduction1

1 Multinational corporations, states and international regulation: historical background6

Introduction6

What are “multinational corporations”?6

Multinational corporations and states8

Explaining the relationship between the states of the North and MNCs: the mercantilist origin of the multinational corporation8

Corporations and the transatlantic slave trade10

Corporate colonialism12

Multinational corporations in the Second World War17

Multinational corporations and the nascent states of the South after independence: changing roles20

Summary22

2 Major attempts at the international level to control multinational corporations23

MNCs and international law23

International human rights instruments25

International institutions28

The special representative of the secretary general on the issue of human rights and transnational corporations and other business enterprises44

Developments in international environmental law: a brief discussion49

Summary54

3 Corporate social responsibility and its relationship to law55

Introduction55

Evolution of the CSR concept55

The emergence of CSR in the United States56

CSR in the United Kingdom61

CSR in Europe61

CSR in the context of developing countries66

Defining CSR67

CSR and the law: how should the law respond to the CSR concept?70

CSR and the law: perspectives74

Theoretical justification for CSR77

Understanding the emerging responsibilities of modern corporations: a social contract approach80

What questions does CSR raise for law?81

The shortcomings in the understanding of the nature of the corporation by ethicists and philosophers and the problem of ascribing morality to the corporation83

The modern corporation and legal theories87

How are corporations conceived of today?94

The autonomy of the corporation95

The social contract as justification for CSR97

The social contract: Donaldson's approach98

Criticisms of Donaldson's analysis100

The social contract, morality and corporations: a different approach101

The social contract, the law and international human rights law106

Summary109

4 Legal and institutional framework and the control of multinationals in developing countries with a focus on Nigeria110

MNCs and CSR in Nigeria111

Colonial administration and the oil industry112

Legal developments after Nigeria's independence and the indigenisation policy: a synopsis113

The Nigerian context in modern times116

Nigerian company law and the control of MNCs118

Domestic tort law and MNCs129

MNCs and human rights in Nigeria132

The criminal liability of corporations under Nigerian law141

Workers' protection and MNCs142

MNCs and anti-corruption laws147

Controlling MNCs under host state law: possibilities in Nigeria152

Some suggestions for reform in Nigeria163

Other areas166

Recent development: the Nigerian Corporate Social Responsibility Bill 2008167

Summary169

5 Regional human rights system and multinational corporations: the case of the African regional human rights system170

Introduction170

State responsibility in context: state responsibility for human rights violations by private actors under international law171

The African regional human rights system177

The African Charter on Human and Peoples' Rights and Private Parties/MNCs179

The African Commission on Human and Peoples' Rights, the African Charter and multinational corporations181

The African Court on Human and Peoples' Rights (ACrtHPR)195

The African Court ofJustice and Human Rights: potential implications200

The African Union Convention on Preventing and Combating Corruption and MNCs202

Summary206

6 The European Union and corporate responsibility in vulnerable states207

Introduction207

The European Union, human rights and CSR207

The EU and developing countries208

CSR as a strategy within Europe and its external dimensions209

Trade and human rights215

Can the EU pursue human rights objectives in its trade arrangements in view of World Trade Organization's rules?216

The EU, trade agreements and human rights225

The significance of human rights clauses227

Human rights clauses as a strategy in EUExternal relations227

EU competence to include human rights clauses in international agreements228

The example of the ACP-EU agreements: legal issues231

ACP and the EU233

The application of the human rights clauses and multinational corporations240

Economic Partnership Agreements and human rights clauses242

Summary248

7 Judicial process as a means of promoting corporate responsibility abroad: extraterritoriality249

The concept of extraterritoriality249

The possibility of judicial oversight of MNCs in the EU259

Summary273

8 The foundation for a global company law for multinational corporations: the complementary role at the international level274

MNCs and domestic company law paradigm274

Delineating regulatory space at the international level276

Corporate autonomy: Hansmann and Kraakman, and Iwai's propositions and Backer's analysis276

The Norms: a disguise for an “international company law”?279

The Norms and the regulatory space at the international level279

An innovative framework for regulating the global corporations: a proposal282

Summary285

Conclusions286

Selected bibliography288

Index291