Questions:
1. How far does international law accept the right of a state to exercise its jurisdiction extraterritorially?
2. Under what circumstances do the activities of MNEs generate potential conflicts of jurisdiction between the states in which they operate?
3. Why has the US sought to exercise its jurisdiction extraterritorially? How does US law justify this assertion of jurisdiction? Has the US mitigated its claims to extraterritorial jurisdiction in recent years? If so, how has this manifested itself in US law and administrative practice?
4. What is the “effects doctrine” of state jurisdiction? Has the EC adopted such an approach to jurisdictional issues?
5. Is the existence of a parent/subsidiary relationship between the resident and non-resident units of a MNE a sufficient basis for the exercise of extraterritorial jurisdiction?
6. How may the “enterprise entity” theory be used by a state, in which units of a MNE operate, to assert jurisdiction over non-resident units of the MNE? How useful is this theory in determining when the non-resident unit of a MNE should be subjected to the jurisdiction of the regulating state, as compared to approaches based on “lifting the corporate veil” between parent and subsidiary?
7. What role do jurisdictional issues play in controlling liability litigation against MNEs? Is this a satisfactory situation? Will Brexit lead to a return to forum non conveniens?
8. What effect has the development of the Internet had on issues concerning jurisdiction over the activities of MNEs?
What is the “effects doctrine” of state jurisdiction? Has the EC adopted such an approach to jurisdictional issues?
