Comparative Study on Corporate Nationality Identification of China and the United States
DOI:
https://doi.org/10.54097/nfgwen16Keywords:
Corporation; nationality; domestic law; bilateral treatment agreement.Abstract
Since the emergence of multinational corporations, the determination of their nationality has become an important issue in international law. China and the United States have adopted different systems for determining the nationality of a company. China merely use the jurisdiction of incorporation while the United States introduce control test to decide the nationality of a corporation. In face of a more complex economic environment, the jurisdiction of incorporation rule, though widely accepted worldwide, has its drawbacks, such as companies evading policy regulations, difficulties in determining their, and conflicts between different regulations. Thus, the jurisdiction of incorporation rule shall be developed into a new method that is based on the jurisdiction of incorporation and also consider the actual relationship between the corporation and the country.
Downloads
References
Barcelona Traction, Light & Power Co. (Belg. v. Spain), 1970 I.C.J. 3 (Feb. 5, 1970)
Linda A. Mabry. Multinational Corporations and U.S. Technology Policy: Rethinking the Concept of Corporate Nationality, Georgetown Law Journal, 1999, 87(3): 563-673.
Linda A. Mabry. Multinational Corporations and U.S. Technology Policy: Rethinking the Concept of Corporate Nationality, Georgetown Law Journal, 1999, 87(3): 563-673
Zhang Lei. The Legal Standards for Determining the Nationality of Multinational Corporations in Diplomatic Protection, Political Science and Law, 2013, 32(1): 129-139.
Zhang Liuxuan. On Foreign Control Criteria for Identification of Corporate Nationality——Starting from Art. 25(2)(b) of ICSID Convention, Foreign Economics and Trade, 2021, 35(8): 97-103.
Zhang Lei. Examining the Establishment Criteria for the Nationality of Multinational Corporations through the Evolution of International Direct Investment, Modern Economic Research, 2013, 32(3): 64-68.
People ex rel. Sobieski v. Western Air Lines, Inc., 258 Cal.App.2d213[Civ.No.27639.Second Dist., Dist. Two.Jan.25, 1968]
Linda A. Mabry. Multinational Corporations and U.S. Technology Policy: Rethinking the Concept of Corporate Nationality, Georgetown Law Journal, 1999, 87(3): 563-673.
Yu Pei, Chen Yilan. Is the Deepening of Bilateral Tax Treaties a "Sharp Tool" to Restrain Tax Avoidance of Multinational Corporations?: Quantitative Research Based on BTT Revise and Term Heterogeneity, World Economy Studies, 2023, 39(7): 62-76.
Zhang lei. On the Certification Standard of Coporate Citizenship in China’s Domestic Law and Bilateral Investment Treaty, Shandong Social Sciences, 2021, 35(1): 139-144.
Feng Yunxuan. Research on the Legal System of Foerign Investment Negative List, Journal of Suihua University, 2023, 43(02): 33-36.
Gu Zuxue. The Diversification, Fragmentation and Odering of Modern International Law, Chinese Journal of Law, 2007, 54(01), 135-147+2+9+11.
Mo Shijian. Fragmentation of International Law and Validity of International Law, Law Review, 2015, 33(04): 117-128.
Downloads
Published
Issue
Section
License
Copyright (c) 2024 Journal of Education, Humanities and Social Sciences
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
