Legal problematics concerning with the nationality of MNCs

Abstract

The subject of nationality of Multinational Enterprises (MNEs) has a great importance scientifically and practically. This subject is considered as an innovative subject. Its scientific significance shows from that multinational enterprises are considering as new phenomenon and representing great economic force that enjoy advanced material and technical capabilities. In the practical sense, discussion the subject of the legal problems concerning with the Nationality of MNEs contributes to organize the activity of MNEs within a specific legal framework. Studying the nationality of MNEs raises with legal problems. The jurisprudence differed about the definition of the nationality of MNEs, as well as the possibility of the company enjoying nationality. The main aim of the current research is to discuss the Legal problematics concerning with the nationality of MNCs. The study concluded that multinational corporations (MNC) have a specific nationality, although one side of the jurists has denied this matter. It is a fact that cannot be denied. This nationality aims to determine the country to which the company belongs and which operates on its territory, determines the extent to which it enjoys rights under its law and the extent to which it complies with the obligations imposed by this law. As well as, it is clear that both parties (deniers and supporters) agree on the need to link morale to a particular state, because of the legal and political significance of this link, which shows its status, its legal system and its rights. The difference between the two views is limited to the conformity and the appropriate of using the nationality term for this association. It is more appropriate term for the natural person, and perhaps the term 'political submission of the state' is more accurate for the moral person. But as long as the term of nationality is common and used and is intended to be clear, there is no objection to using it in the field of the moral person as well. The researcher recommends conducting further studies regarding the subject of the current study, such as studying the criteria by which the nationality of the multinational companies (MNCs) can be determined in an attempt to clarify the subject further.

Keywords

• Multinational companies (MNcs), nationality, and jurisprudence.