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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Company law
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Hostile Business and the Sovereign State - Privatized Governance, State Security and International Law (Hardcover)
Loot Price: R3,880
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Hostile Business and the Sovereign State - Privatized Governance, State Security and International Law (Hardcover)
Series: Globalization: Law and Policy
Expected to ship within 12 - 17 working days
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This book describes and assesses an emerging threat to states'
territorial control and sovereignty: the hostile control of
companies that carry out privatized aspects of sovereign authority.
The threat arises from the massive worldwide shift of state
activities to the private sector since the late 1970s in
conjunction with two other modern trends - the globalization of
business and the liberalization of international capital flows. The
work introduces three new concepts: firstly, the rise of companies
that handle privatized activities, and the associated advent of
"post-government companies" that make such activities their core
business. Control of them may reside with individual investors,
other companies or investment funds, or it may reside with other
states through state-owned enterprises or sovereign wealth funds.
Secondly, "imperfect privatizations:" when a state privatizes an
activity to another state's public sector. The book identifies
cases where this is happening. It also elaborates on how ownership
and influence of companies that perform privatized functions may
not be transparent, and can pass to inherently hostile actors,
including criminal or terrorist organizations. Thirdly,
"belligerent companies," whose conduct is hostile to those of
states where they are active. The book concludes by assessing the
adequacy of existing legal and regulatory regimes and how relevant
norms may evolve.
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