 Economic Sanctions, Corporate Law and Control LiabilityKern Alexander Chapter 5 in Economic Sanctions, 2009, pp 139-159 from Palgrave Macmillan Abstract: Abstract The chapter’s purpose is to analyse principles of control liability under the major common law systems and apply such principles to the use of economic sanctions. In doing so, the chapter examines the legal and regulatory concept of control liability as it applies to corporate entities and controlling investors. The chapter also examines how the enterprise liability doctrine can lead to the attribution of civil and criminal liability for regulatory and statutory breach to all members of the multi-national business enterprise based on their capacity to control certain aspects of the regulated entity. Under this doctrine, economic sanctions regulations can potentially apply to all affiliated and controlled members of the multi-national group through the mechanism of control or shared control, regardless of the nationality of particular entities within the group. The chapter suggests therefore that the concept of control liability provides a useful legal technique for states when implementing economic sanctions laws by imposing controls on corporate groups and other entities. Keywords: Corporate Group; Criminal Liability; Foreign Affiliate; Civil Liability; Business Entity (search for similar items in EconPapers) There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it. Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:pal:palchp:978-0-230-22728-6_6 Ordering information: This item can be ordered from Access Statistics for this chapter More chapters in Palgrave Macmillan Books from Palgrave Macmillan |
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