As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent ye...As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business conduct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social responsibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instrument on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have resulted in ongoing human rights risks in their overseas business operations,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights governance.展开更多
The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has b...The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.展开更多
Ⅰ. The present Situation of Transnational Corporations’ Investment in TEDA (1 ) General situation Since its founding ten years ago, especially since 1992. TEDA has achieved encouraging successesin undertaking major ...Ⅰ. The present Situation of Transnational Corporations’ Investment in TEDA (1 ) General situation Since its founding ten years ago, especially since 1992. TEDA has achieved encouraging successesin undertaking major projects. drawing the attention of leading consortia, omnibearingly solicitingbusiness and drawing foreign capital. By September 30, 1994, TEDA had approved 2054 solely for-展开更多
With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codific...With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.展开更多
This article is intended to analyze past unsuccessful cases of transnational corporations(TNCs) in China, uncover the root causes, and suggest proper solutions. Based on ageneral review of unsuccessful cases of TNCs i...This article is intended to analyze past unsuccessful cases of transnational corporations(TNCs) in China, uncover the root causes, and suggest proper solutions. Based on ageneral review of unsuccessful cases of TNCs in China and a summary of comments onthese cases by scholars, entrepreneurs, journalists, and professionals from all fields of life,this paper is focused on such considerations as the position of China in the global strategiesof these TNC giants, management adjustment, market adaptation, public relations, anddifferences in management styles and culture values.展开更多
A well-known fact about the Nigerian Niger Delta region is incessant conflicts between the oil transnational corporations （Oil TNCs） and the oil producing communities. This could be attributed to the fact that the a...A well-known fact about the Nigerian Niger Delta region is incessant conflicts between the oil transnational corporations （Oil TNCs） and the oil producing communities. This could be attributed to the fact that the activities of Oil TNCs have continued to unleash untold devastation on the environment of the oil producing communities and its consequences on the local economy and by extension the total obliteration of the livelihood of the inhabitants of the area. Therefore, the Oil TNCs are increasingly becoming conscious of their devastating impact on the ecology of the area and their blatant disregard for the socio-economic development of the host communities. Consequently, the Oil TNCs have come to embrace the idea of executing Corporate Social Responsibility （CSR） projects as a vehicle to intervene meaningfully in order to mitigate the adverse effect of their operations in host communities. This paper attempts a review and analysis of CSR practices of the two major Oil TNCs in Bayelsa State： Shell and Agip in six host communities： Olugboboro, Olugbobiri, Ikebiri 1, Oporoma, Angiama, and Peremabiri in Southern ljaw local government area. The key question explored in this study is： Has the practice of CSR in the Nigerian Niger Delta region by Oil TNCs brought about socio-economic development and drastic reduction in conflict between the host communities and the Oil TNCs？ The paper argues that CSR projects of transnational oil corporations in Nigeria are driven by short-term expediency rather than the long term development needs of host communities through the provision of poor quality social amenities to these communities in order to secure social license to operate. For transnational oil corporations to make positive impact in the Nigerian Niger Delta Region, their CSR projects should be long tern in nature, taking into consideration the sustainable development needs of the local communities. The CSR projects should be in the form of high quality social amenities and environmental rehabilitation and protection, which could serve the needs of the present and future generations.展开更多
In order to explore the impact relationship between intellectual property protection(IPP) system and technological innovation,a game model was constructed.The system of IPP is a set of game rules to protect the innova...In order to explore the impact relationship between intellectual property protection(IPP) system and technological innovation,a game model was constructed.The system of IPP is a set of game rules to protect the innovation under the background of R&D internationalization.Only when the main parties abide by the system of intellectual property,can the self-interest and collective interest of the two sides be maximized.The government must strengthen the penalties for intellectual property right(IPR) violations,reduce the cost of IPP declaration,reduce the cost of the innovator's own rights protection,and increase the cost of imitate behavior of IPR.展开更多
Globalization changes the business style of corporations.In modern society,entrepreneurs believe that it is important for companies to expand their business all over the world.However,an inevitable problem comes to ma...Globalization changes the business style of corporations.In modern society,entrepreneurs believe that it is important for companies to expand their business all over the world.However,an inevitable problem comes to managers' sight-cultural differences.Citizens in different countries have different norms,rules,symbols and values,which influence the business expansion of corporations in foreign countries.Therefore,it is crucial for translational corporations to introduce their products or services to foreign customers in proper ways and make customers accept them.Advertising plays an important role in this process because it delivers corporate image and corporate culture to customers.Meanwhile,Hofstede's cultural dimensions help managers analyze and deal with cultural differences when they are assigned to foreign countries for managing.In this paper,an analysis on the application of Hofstede's cultural mode based on a case study of Coca-Cola's advertisements will be conducted.It will be organized as follows:a literature review on Hofstede's cultural mode will be arranged in section one.Then,section two will discuss the application of Hofstede's cultural mode in China,and a case study of Coca-Cola's advertisements in China will be followed.In the end,a conclusion based on above findings will be summarized in section three.展开更多
With gradually deepening of international division and frequently developing of transnational corporations, processing trade has been a major trend in international trade. This paper mainly Seeks for the practical and...With gradually deepening of international division and frequently developing of transnational corporations, processing trade has been a major trend in international trade. This paper mainly Seeks for the practical and theoretical, supports ,to processing, trade. Meanwhile, it ,shows the developing conditions of processing trade in the world and in China, and analyzes the relationship between processing trade and economic growth in China by linear regression analysis in order to find,the problems and give some suggestions.展开更多
Transnational corporations(TNCs)act as unitary firms in an increasingly globalised economy,but taxes on their profits are levied by national states.Hence,international tax rules have from the start been riven by contr...Transnational corporations(TNCs)act as unitary firms in an increasingly globalised economy,but taxes on their profits are levied by national states.Hence,international tax rules have from the start been riven by contradictory approaches:ei-ther to determine the taxable profits attributable to each separate constituent entity of the TNC in their jurisdiction by comparing them with independent firms conducting a similar business,or to tax an appropriate share of the TNC’s global profits appor-tioned by factors reflecting its activities within the jurisdiction.The separate entity principle became dominant,especially with the adoption of the OECD Transfer Pricing Guidelines in 1995,but it gave a perverse incentive to TNCs to devise tax avoidance strategies,based on attributing high levels of profit to entities in countries where they would be taxed at low rates.The project on base erosion and profit shifting(BEPS)was mandated by the G20 to reform these rules so that TNCs could be taxed where their activities occur,signaling a return to the unitary principle.The latest proposals now adopt the principle of unitary taxation of TNCs,together with technical standards for formulary apportionment,but only as an overlay on top of existing rules based on the incompatible independent entity principle.A stable foundation for international tax depends on resolving this dilemma and agreeing a fair and balanced allocation of rights to tax TNCs’profits based on their real activities in each jurisdiction.展开更多
基金a phased result of the Project“China’s Regulation on the Extraterritorial Human Rights Responsibilities of Transnational Corporations”undertaken by China Society for Human Rights Studies(Project No.CSHRS2020-25YB)。
文摘As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business conduct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social responsibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instrument on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have resulted in ongoing human rights risks in their overseas business operations,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights governance.
基金the phased achievement of the CSHRS(China Society for Human Rights Studies)project“Human Rights Obligations of States Regulating the Extraterritorial Human Rights Obligations of Transnational Corporations”(CSHRS2020-25YB)
文摘The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.
文摘Ⅰ. The present Situation of Transnational Corporations’ Investment in TEDA (1 ) General situation Since its founding ten years ago, especially since 1992. TEDA has achieved encouraging successesin undertaking major projects. drawing the attention of leading consortia, omnibearingly solicitingbusiness and drawing foreign capital. By September 30, 1994, TEDA had approved 2054 solely for-
基金a phasic research result of the project“Human Rights Obligations of States to Regulate Extraterritorial Acts of Domestic Transnational Corporations(CSHIRS2020-25YB)”of the China Society for Human Rights Studies.
文摘With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.
文摘This article is intended to analyze past unsuccessful cases of transnational corporations(TNCs) in China, uncover the root causes, and suggest proper solutions. Based on ageneral review of unsuccessful cases of TNCs in China and a summary of comments onthese cases by scholars, entrepreneurs, journalists, and professionals from all fields of life,this paper is focused on such considerations as the position of China in the global strategiesof these TNC giants, management adjustment, market adaptation, public relations, anddifferences in management styles and culture values.
文摘A well-known fact about the Nigerian Niger Delta region is incessant conflicts between the oil transnational corporations （Oil TNCs） and the oil producing communities. This could be attributed to the fact that the activities of Oil TNCs have continued to unleash untold devastation on the environment of the oil producing communities and its consequences on the local economy and by extension the total obliteration of the livelihood of the inhabitants of the area. Therefore, the Oil TNCs are increasingly becoming conscious of their devastating impact on the ecology of the area and their blatant disregard for the socio-economic development of the host communities. Consequently, the Oil TNCs have come to embrace the idea of executing Corporate Social Responsibility （CSR） projects as a vehicle to intervene meaningfully in order to mitigate the adverse effect of their operations in host communities. This paper attempts a review and analysis of CSR practices of the two major Oil TNCs in Bayelsa State： Shell and Agip in six host communities： Olugboboro, Olugbobiri, Ikebiri 1, Oporoma, Angiama, and Peremabiri in Southern ljaw local government area. The key question explored in this study is： Has the practice of CSR in the Nigerian Niger Delta region by Oil TNCs brought about socio-economic development and drastic reduction in conflict between the host communities and the Oil TNCs？ The paper argues that CSR projects of transnational oil corporations in Nigeria are driven by short-term expediency rather than the long term development needs of host communities through the provision of poor quality social amenities to these communities in order to secure social license to operate. For transnational oil corporations to make positive impact in the Nigerian Niger Delta Region, their CSR projects should be long tern in nature, taking into consideration the sustainable development needs of the local communities. The CSR projects should be in the form of high quality social amenities and environmental rehabilitation and protection, which could serve the needs of the present and future generations.
文摘In order to explore the impact relationship between intellectual property protection(IPP) system and technological innovation,a game model was constructed.The system of IPP is a set of game rules to protect the innovation under the background of R&D internationalization.Only when the main parties abide by the system of intellectual property,can the self-interest and collective interest of the two sides be maximized.The government must strengthen the penalties for intellectual property right(IPR) violations,reduce the cost of IPP declaration,reduce the cost of the innovator's own rights protection,and increase the cost of imitate behavior of IPR.
文摘Globalization changes the business style of corporations.In modern society,entrepreneurs believe that it is important for companies to expand their business all over the world.However,an inevitable problem comes to managers' sight-cultural differences.Citizens in different countries have different norms,rules,symbols and values,which influence the business expansion of corporations in foreign countries.Therefore,it is crucial for translational corporations to introduce their products or services to foreign customers in proper ways and make customers accept them.Advertising plays an important role in this process because it delivers corporate image and corporate culture to customers.Meanwhile,Hofstede's cultural dimensions help managers analyze and deal with cultural differences when they are assigned to foreign countries for managing.In this paper,an analysis on the application of Hofstede's cultural mode based on a case study of Coca-Cola's advertisements will be conducted.It will be organized as follows:a literature review on Hofstede's cultural mode will be arranged in section one.Then,section two will discuss the application of Hofstede's cultural mode in China,and a case study of Coca-Cola's advertisements in China will be followed.In the end,a conclusion based on above findings will be summarized in section three.
文摘With gradually deepening of international division and frequently developing of transnational corporations, processing trade has been a major trend in international trade. This paper mainly Seeks for the practical and theoretical, supports ,to processing, trade. Meanwhile, it ,shows the developing conditions of processing trade in the world and in China, and analyzes the relationship between processing trade and economic growth in China by linear regression analysis in order to find,the problems and give some suggestions.
文摘Transnational corporations(TNCs)act as unitary firms in an increasingly globalised economy,but taxes on their profits are levied by national states.Hence,international tax rules have from the start been riven by contradictory approaches:ei-ther to determine the taxable profits attributable to each separate constituent entity of the TNC in their jurisdiction by comparing them with independent firms conducting a similar business,or to tax an appropriate share of the TNC’s global profits appor-tioned by factors reflecting its activities within the jurisdiction.The separate entity principle became dominant,especially with the adoption of the OECD Transfer Pricing Guidelines in 1995,but it gave a perverse incentive to TNCs to devise tax avoidance strategies,based on attributing high levels of profit to entities in countries where they would be taxed at low rates.The project on base erosion and profit shifting(BEPS)was mandated by the G20 to reform these rules so that TNCs could be taxed where their activities occur,signaling a return to the unitary principle.The latest proposals now adopt the principle of unitary taxation of TNCs,together with technical standards for formulary apportionment,but only as an overlay on top of existing rules based on the incompatible independent entity principle.A stable foundation for international tax depends on resolving this dilemma and agreeing a fair and balanced allocation of rights to tax TNCs’profits based on their real activities in each jurisdiction.
