QUESTION : In a jurisdiction with a dual legal system comprising both civil law and common law
Question:
QUESTION:
In a jurisdiction with a dual legal system comprising both civil law and common law traditions, a multinational corporation (MNC) is facing allegations of environmental damage in a developing country where it operates. The local community affected is seeking redress for the harm caused, arguing that the MNC's activities have violated both international environmental standards and domestic laws. Assess the legal challenges and complexities the MNC might encounter in defending against these allegations, considering the interplay between international law, domestic legal frameworks, and the potential application of corporate liability doctrines. Additionally, discuss the role of extraterritorial jurisdiction and the challenges associated with enforcing any judgments or remedies that may arise.
Business Law Today The Essentials
ISBN: 978-0324786156
9th Edition
Authors: Roger LeRoy Miller, Gaylord A. Jentz