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Series Editor’s Preface
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Published:April 2024
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Corporations are complex legal beings; artificial legal constructs conceived to further human collaboration. Legal rules invest them with personality, the capacity to take decisions, the means of acting by the agency of others and the power/liability to acquire legal rights and obligations, imitating the ways in which the law regulates human behaviour. Other rules incentivise those who promote or facilitate the activities pursued through the corporate husk by shielding them, to a greater or lesser extent, from legal responsibility for the consequences.
Transnational corporations (or transnational networks of corporations) heap artificiality upon artificiality, and complexity upon complexity. A corporation, created by one legal system, itself becomes the means of promoting or supporting activities carried out by one or more others, often creatures of a different legal system from that of their ‘parent’, in multiple locations across the globe. The motivations for structuring operations in this way include the possibility of the parent entity relying on the separate personality of the instrumentalities, and limitations upon the legal liability of promoters, to distance itself from the impacts that the network’s activities may have on the health, wellbeing or livelihoods of the members of the societies who inhabit the places in which they operate. This complex interaction of legal rules has enabled transnational corporations to acquire monumental power and wealth.
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