Henderson, Gerard Carl. The Position of Foreign Corporations in American Constitutional Law. A Contribution to the History and Theory of Juristic Persons in Anglo-American Law. Cambridge: Harvard University Press, 1918. xix, 199 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-18233. ISBN 1-886363-89-7. Cloth. $50. * Traces the history of the gradual evolution of the history of foreign corporations from the denial of their international status in colonial times through to civil recognition and equality that occurred after the industrial revolution.
Originally published in 1912, this book examines some of the issues raised by the 1906 case Risdon Iron Works v. Furness, which was a key suit on the issue of cross-border insolvency. Young divides the discussion into two parts: the juristic person in private international law and foreign companies and other corporations in English law. This book will be of value to anyone with an interest in the history of English company and tax law.
Foreign direct investment (FDI) and multinational corporations (MNCs)--for better and worse--play a large and growing role in shaping our world. The integrating thesis of this book is the inevitability of heterogeneity in FDI and MNCs and, accordingly, the imperative of disaggregation. Large companies doing business on a global basis increasingly dominate the production and marketing of the world's goods and services. The importance of these companies continues to grow while the debate about their nature and effects remains mired in a long-standing stalemate couched in strong black and white terms. Stephen D. Cohen seeks to reconcile this impasse by analyzing multinational corporations and foreign direct investment in an eclectic, nuanced manner. The core thesis is that an accurate understanding of the nature and impact of these phenomena comes from acknowledging the dominance of heterogeneity, perceptions, and ambiguity and the paucity of universal truths. This approach should contribute significantly to both a better academic understanding and a more productive policy debate of an increasingly important element of the world economy.