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?
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