This course comprises three components. First, we will examine the phenomenon of the multinational enterprise, that is, a corporation that establishes subsidiaries and affiliates in foreign countries. In effect, we will discuss the causes and effects of economic globalization. Second, we will analyze the rules of international law that apply to this phenomenon, from the perspective of the multinational enterprise, the home state of that enterprise, and the host state where the enterprise establishes a subsidiary or affiliate. We will explore the relationship between these rules and the social, economic and political policies of the home and host states as well as the strategic business decisions of the enterprise. Finally, we will survey the process of international arbitration through which these rules are enforced. This course would be of special interest to those who wish to represent and advise businesses that have operations in more than one country, those who wish to work in an international litigation or arbitration practice, and those interested in concerns related to economic globalization, such as the loss of U.S. manufacturing jobs, the growing U.S. trade deficit, the implications of U.S. budget deficits, maintaining U.S. economic competitiveness, and preserving environmental and labor standards.
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