Regulating Global Corporate Capitalism

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  REGULATING GLOBALCORPORATE CAPITALISM This analysis of how multilevel networked governance has supersededthe liberal system of interdependent states focuses on the role of law inmediating power and shows how lawyers have shaped the main featuresof capitalism, especially the transnational corporation. It covers the maininstitutions regulating the world economy, including the World Bank,the IMF, the WTO and a myriad of other bodies. The book introducesthe reader to key regulatory arenas: corporate governance; competitionpolicy; investment protection; anti-corruption rules; corporate codes andcorporate liability; international taxation, tax avoidance–evasion and thecampaign to combat them; the offshore finance system; internationalfinancial regulation and its contribution to the financial crisis; traderules and their interaction with standards, especially for food safety andenvironmental protection; the regulation of key services (telecommunica-tions and finance); intellectual property; and the tensions between exclu-siveprivaterightsandemergentformsofcommonandcollectiveproperty in knowledge. sol picciotto  is Emeritus Professor of Law at Lancaster University Law School.    international corporate law andfinancial market regulation Corporate law and financial market regulation matter. The Global FinancialCrisis has challenged many of the fundamental concepts underlying corporatelaw and financial regulation; but crisis and reform has long been a feature of these fields. A burgeoning and sophisticated scholarship now challenges andcontextualizes the contested relationship between law, markets and companies,domestically and internationally. This Series informs and leads the scholarly and policy debate by publishing cutting-edge, timely and critical examinationsof the most pressing and important questions in the field. Series Editors  Professor Eilis Ferran,  University of Cambridge. Professor Niamh Moloney,  London School of Economics and Political Science. Professor Howell Jackson,  Harvard Law School.Editorial Board  Professor Marco Becht, Professor of Finance and Economics at Universit´e Librede Bruxelles and Executive Director of the European Corporate GovernanceInstitute (ECGI).Professor Brian Cheffins, S.J. Berwin Professor of Corporate Law at the Faculty of Law, University of Cambridge.Professor Paul Davies, Allen & Overy Professor of Corporate Law andProfessorial Fellow of Jesus College, University of Oxford.Professor Luca Enriques, Professor of Business Law in the Faculty of Law at theUniversity of Bologna.Professor Guido Ferrarini, Professor of Business Law at the University of Genoaand Fellow of the European Corporate Governance Institute (ECGI).Professor Jennifer Hill, Professor of Corporate Law at Sydney Law School.Professor Klaus J. Hopt, Director of the Max Planck Institute of Comparativeand International Private Law, Hamburg, Germany.Professor Hideki Kanda, Professor of Law at the University of Tokyo.Professor Colin Mayer, Peter Moores Professor of Management Studies at theSa¨ıd Business School and Director of the Oxford Financial Research Centre.James Palmer, Partner of Herbert Smith, London.Professor Michel Tison, Professor at the Financial Law Institute of theUniversity of Ghent, Belgium.Andrew Whittaker, General Counsel to the Board at the UK Financial ServicesAuthority.Professor Eddy Wymeersch, former Chairman of the Committee of EuropeanSecurities Regulators (CESR); former chairman of the IOSCO EuropeanRegional Committee, and Professor of Commercial Law, University of Ghent,Belgium.    REGULATING GLOBALCORPORATE CAPITALISM SOL PICCIOTTO    cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town,Singapore, S˜ao Paulo, Delhi, Tokyo, Mexico City Cambridge University PressThe Edinburgh Building, Cambridge  CB 2 8 RU , UKPublished in the United States of America by Cambridge University Press, New York www.cambridge.orgInformation on this title: www.cambridge.org/9780521181969 C  Sol Picciotto 2011This publication is in copyright. Subject to statutory exception andto the provisions of relevant collective licensing agreements,no reproduction of any part may take place withoutthe written permission of Cambridge University Press.First published 2011Printed in the United Kingdom at the University Press, Cambridge A catalogue record for this publication is available from the British Library Library of Congress Cataloguing in Publication data  Picciotto, Sol.Regulating global corporate capitalism / Sol Picciotto.p. cm. – (International corporate law and financial market regulation)Includes bibliographical references and index.ISBN 978-1-107-00501-3 – ISBN 978-0-521-18196-9 (pbk.)1. International economic relations. 2. International business enterprises. 3. Globalization.4. Corporate governance. 5. Capitalism. I. Title. II. Series.HF1359.P534 2011337 – dc22 2011008367 ISBN  978-1-107-00501-3 Hardback  ISBN  978-0-521-18196-9 Paperback Cambridge University Press has no responsibility for the persistence oraccuracy of URLs for external or third-party internet websites referred toin this publication, and does not guarantee that any content on suchwebsites is, or will remain, accurate or appropriate.  
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