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Responsibility of a parent company for activities of subsidiaries in foreign jurisdiction

Student: Zhdanovich Aleksandr

Supervisor: Anna Aseeva

Faculty: Faculty of Law

Educational Programme: Law of International Trade, Finance and Economic Integration (Master)

Year of Graduation: 2019

The purpose of this paper is to consider different schemes to attract parent companies of transnational corporations (hereinafter - TNCs) to responsibility for the activities of their subsidiaries in foreign countries around the globe – the creation of new judicial practice in various of jurisdiction, as well as regulation of such corporations at the state level. The main objectives of the research are: a) a comparative legal analysis of bringing to responsibility various jurisdictions: the elimination of corporate theory, the unified economic theory, the theory of direct responsibility, a detailed analysis of recent court cases, the responsibility of TNCs for violating human rights at a free level. Based on the research conducted, the following conclusions were made: first, it does not have effective tools for bringing corporations to justice under the international law. Secondly, the whole point is that the matter is developing, and perhaps this is due to the development in the tort law of England. Third, an analysis of recent examples of changes in national legislation shows that with the help of various corporate / regulatory instruments, the laws of different countries begin to regulate TNCs accordingly. The authors should conclude that liability issues must remain within the framework of national regulation, and at present there are no clear and precise criteria for ensuring an effective protection mechanism.

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