course material

1. The national limits of States’ jurisdiction mean that MNEs are in
The national limits of States’ jurisdiction mean that MNEs are in reality beyond their
regulatory reach. Discuss. Note: This essay draws on material from Weeks 1and 3 in
particular, but also from Week 8 (court decisions are also a form of regulation). It asks you
to consider the issue of regulation by reference to the State as a territorial public entity, the
MNE as a borderless private commercial entity and the nature of the relationship between
the two. You should discuss the national limits to State jurisdiction, the legal structures that
fragment the nationality of the MNE into that of its component companies, the way the two
interface and the implications for the state and its courts’ ability to have a say in the impact
MNEs have. Within this general framework, you may then want to consider one or more of
the exceptions to territoriality and explore how they are to be understood. For example: is
the State truly and inevitably limited, or can it use its sovereign powers to exercise a choice
in this matter?#national #limits #States #jurisdiction #MNEs