The Choice of National Law Applicable to the Multinational Enterprise and the Nationality of Such Enterprises
In the following Article, Dr. Hadari first analyzes the traditional Continental and Anglo-American conflict of laws theories of nationality and choice of law applicable to corporations. He then demonstrates how national interests often impinge upon these concepts, resulting in pragmatic systems of regulation when multinational enterprises are the subject of governmental action. Noting that consistency in regulation is lacking among nation-states and that this fact leads to great uncertainty in policy-making for multinational enterprises, Dr. Hadari sets forth guidelines to aid courts and legislatures in determining and formulating the applicable law and the nationality of such enterprises. In conclusion, the author acknowledges the necessity of relying on unilateral action in resolving conflicts between multinational enterprises and nation-states until a system of international collaboration can be developed, but Dr. Hadari opines that national authorities should consider and apply the guidelines set forth when making such determinations for the sake of essential order and certainty in the international business sector.
The Choice of National Law Applicable to the Multinational Enterprise and the Nationality of Such Enterprises,
1974 Duke Law Journal
Available at: https://scholarship.law.duke.edu/dlj/vol23/iss1/1