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Tort liability in multinational corporate groups = a comparative analysis with particular focus on Turkey /
紀錄類型:
書目-語言資料,印刷品 : Monograph/item
正題名/作者:
Tort liability in multinational corporate groups/ by Pınar Kara.
其他題名:
a comparative analysis with particular focus on Turkey /
作者:
Kara, Pınar.
出版者:
Cham :Springer International Publishing : : 2023.,
面頁冊數:
xvii, 290 p. :ill., digital ; : 24 cm.;
Contained By:
Springer Nature eBook
標題:
Tort liability of corporations - Turkey. -
電子資源:
https://doi.org/10.1007/978-3-031-29336-8
ISBN:
9783031293368
Tort liability in multinational corporate groups = a comparative analysis with particular focus on Turkey /
Kara, Pınar.
Tort liability in multinational corporate groups
a comparative analysis with particular focus on Turkey /[electronic resource] :by Pınar Kara. - Cham :Springer International Publishing :2023. - xvii, 290 p. :ill., digital ;24 cm. - Ius gentium: comparative perspectives on law and justice,v. 1072214-9902 ;. - Ius gentium: comparative perspectives on law and justice,v.64..
Introduction -- Introduction to FDL and the Nature of FDL Claims -- Multinational Corporate Groups, Their Position in International Law and Regulating Multinational Corporate Groups -- Comparative Analysis of Substantive Legal Grounds for FDL -- A Comparative Analysis of FDL under Private International Law -- Conclusion.
Multinational corporate groups are important actors in today's global economy, with the power to impact the masses through their activities. National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries) The mentioned lack of an effective legislation leads to an unjust imbalance - to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries' activities (referred to as 'foreign direct liability' in legal doctrine) To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.
ISBN: 9783031293368
Standard No.: 10.1007/978-3-031-29336-8doiSubjects--Topical Terms:
1415246
Tort liability of corporations
--Turkey.
LC Class. No.: KKX1100
Dewey Class. No.: 346.561066
Tort liability in multinational corporate groups = a comparative analysis with particular focus on Turkey /
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Introduction -- Introduction to FDL and the Nature of FDL Claims -- Multinational Corporate Groups, Their Position in International Law and Regulating Multinational Corporate Groups -- Comparative Analysis of Substantive Legal Grounds for FDL -- A Comparative Analysis of FDL under Private International Law -- Conclusion.
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Multinational corporate groups are important actors in today's global economy, with the power to impact the masses through their activities. National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries) The mentioned lack of an effective legislation leads to an unjust imbalance - to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries' activities (referred to as 'foreign direct liability' in legal doctrine) To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.
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