Multinational companies are leading players in the new world order of the collapse of the Soviet Union and the fall of the Berlin Wall in 1989. The last twenty years, companies multinationals have gained economic power, financial and unprecedented policy.The globalization of markets and capital they are the primary beneficiaries enabled them to increase the concentration of capital and the productive apparatus at their disposal and realize the creation of a situation ofoligopoly.The privatizations encouraged by the World Bank and the International Monetary Fund and the World Trade Organization to accelerate the rise of transnational corporations (TNCs). Their activities cover all sectors. They can choose their place of production, procurement, operations and sales. Large multinational units, groups of firms organized in networks dominated by a parent company are increasing in the twentieth and twenty-first century. According to the United Nations Conference on Trade and Development (UNCTAD), 70,000 parent companies exist today and their sales beyond the country's budget like Chile, Nigeria and Pakistan.The management of finance ministry in France, indicates that the first 100 multinational units represent 15% of jobs worldwide, 12% of foreign assets, 12% of sales.
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Choice and relevance of the topic
Multinational companies are leading players in the new world order of the collapse of the Soviet Union and the fall of the Berlin Wall in 1989. The last twenty years, companies multinationals have gained economic power, financial and unprecedented policy. The globalization of markets and capital they are the primary beneficiaries enabled them to increase the concentration of capital and the productive apparatus at their disposal and realize the creation of a situation ofoligopoly.
The privatizations encouraged by the World Bank and the International Monetary Fund and the World Trade Organization to accelerate the rise of transnational corporations (TNCs). Their activities cover all sectors. They can choose their place of production, procurement, operations and sales.
Large multinational units, groups of firms organized in networks dominated by a parent company are increasing in the twentieth and twenty-first century. According to the United Nations Conference on Trade and Development (UNCTAD), 70,000 parent companies exist today and their sales beyond the country's budget like Chile, Nigeria and Pakistan. The management of finance ministry in France, indicates that the first 100 multinational units represent 15% of jobs worldwide, 12% of foreign assets, 12% of sales.
Multinationals are measures to influence the economies of small states (especially when their turnover exceeds the GNP of the States in question. Their transnational character, their economic and legal versatility, their enormous economic and financial resources are not only a advantage but also a problem, because these so-called characteristics are more important barriers on attempts to exert legal and social control over multinational companies. multinational companies are not responsible for violations of labor law and the protection the environment in the country or they are moving their products. Rather, through bilateral or multilateraltreaties.
They not only fail to emerge from all civil damage they produce. But they also get guaranteed by the State reception against possible loss of profits due to favorable reforms to labor laws and / or environmental. This well is in fact an obstacle to progressive reforms in matters of human rights.
The interest of the subject is manifested in many ways since many people are wondering about the fate of multinational companies As to their responsibilities and procedures in the criminal courts.
On one hand, the interest of our work is to show how is the repression of multinational corporations nationally and internationally.
On the other hand, repression is the last resort to indicate criminal behavior when other means have failed.
To emphasize the protection of human rights, establish the liability of multinational companies and thereby create a repressive legal system, we have our work entitled "Repression of Economic Crimes: Case of multinational corporations.
Scope of the topic
The substantial or substantive scope of our work is to analyze some crimes committed by multinational companies, as they are created, during their existence and in case of difficulty.
We will try to make a critical analysis on the repression of economic crimes in which to operate international criminal law business, economic and financial law, criminal business law and the positive rights of States.
The paradox of our time is a contradictory movement of extension and reduction of Justice.
Indeed, at the moment when the international community is organized to fight against the "traditional" forms of impunity, new forms of impunity emerge. On one hand, the entry into force of the International Criminal Court (ICC) has devoted an important victory against impunity for torturers; on the other, the international social and economic justice continues to build. As such, it should be noted that during the negotiations for the International Criminal Court, the States did not wish that legal persons fall under the jurisdiction of the ICC. The question of criminal liability of legal persons, first of which companies will be one of the major challenges of the coming years, at a time when the impact of their activities on human rights is now widely recognized.
The policies and practices of multinational corporations pose problems. Their fundamental objective of maximum benefit in the shortest time led to massive violations of human rights and the subordination of politics to the economy both nationally and globally. It is not acceptable that the legal uncertainty and the impunity of multinational perpetuated.
Our work goes, -the repeat, in all combined efforts to give our contribution about the existence of the repressive system of legal entities of private law and specifically multinationals. Indeed, in a system or let go in recent unfortunate and cause serious consequences on the socio-economic development both nationally and internationally. That's what we have to answer three questions that we believe are the concerns of Humanity.How are - they repressed economic crimes committed by multinational companies in their creation and in case of difficulties?
- What are the crimes commonly committed by multinationals during operation?
- Internationally it is possible to discuss the
joint responsibility of multinationals?
In response to the main question, the following assumptions can be made, according to the life stage of multinational corporations.
The crimes committed during the creation of the multinationals and in
case of difficulties for multinational companies; not
repress internationally but are
- crimes committed during the operation of
multinationals; are often repressed at the national level
but the problem arises as internationally
- The subsidiaries of a multinational company are in principle
subject to the regulations of their countries of settlement
but multinationals as such are fully
accountable to any country.
Purpose of the work
Multinational corporations are legal persons of private law, as all legal persons they have rights and obligations of which the first would be to respect the rights of others. The fact that the judgments of legal entities and economic crimes, environmental are not included in the jurisdiction of the International Criminal Court gives multinational companies a loophole in any jurisdiction.
The objective of our work is:
First to show how the repression of multinational companies did.
Secondly to reveal the loophole of multinational corporations in any international jurisdiction.
Our wish is to attract the attention of national and international legislators to create an economic crime suppression system for those who commit them, render accounts before an international court.
Choice of techniques and methods
The documentary technique allowed us to see the treaties, laws and regulations and the doctrine available on multinational corporations.
Two methods have attracted our attention, it is:
6.2.1. Analytical method.
This has allowed us to analyze the texts of laws, treaties, the data and information collected on the themes of this subject in general.
6.2.2. Synthetic method.
This method has helped us to globalize the various information related to this work.
Our work is divided into three chapters:
The first chapter is entitled
The second chapter deals with
"Crimesrelating to the constitution and in case of difficulties of multinational corporations";
The third chapter is entitled
"Crimes related to the operation of multinational companies and liability issues internationally."
CHAP I. THEORETICAL CONSIDERATIONS
I.1. CONCEPT ON COMPANIES
The company is established by two or more persons who agree by contract to assign to a joint venture property or industry to share the profits or take advantage of the economy that may result. The partners agree to contribute to the losses.
But in the same token Article1 of Law No. 06/1988 of 12 February 1988 on commercial companies defines in clear and precise terms "the company as a legal entity established by a contract involving several people who agree to share their values, property or industry to share the profits or savings or losses that may result. "
According to Jean-Pierre le GALL, the company can take many forms but these six proposals:
From economic point of view: the company is a business.Bridge for administration: the company is an institution.The view deck of the civil: the company is a corporation (and heritage accounting.From the perspective of The company is an accounting tax.From the perspective of The company is a taxpayer perspective.of the financial : the company is an investment
for us, what interests us is the legal point of view (civil) society that considers entant a corporation
I.220.127.116.11 the company is a corporation law....
Concept (civil a corporation). Ability to be subject of rights and obligations the partnership agreement gives a corporation, subject to registration in the commercial register, the legal personality company.
consequence of the legal personality the .. in principle the legal attributes of a natural person; the right to sue in his name and for his account three important consequences in Rwandan law Article 8 provides that: "the company has a name, a home, a nationality and heritage home.
Name and Every society has a name but variable, it must choose it freely, doing so can also make choosing a short form that can use isolation. The domicile of the company is incorporated. However, parties may claim the head office.
Nationality: The nationality of the company is determined by the place his home.
Heritage: The social heritage is independent of associates. and managed independently of partners.
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