Universiteit Leiden

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Institutions for Conflict Resolution (COI)

Multinationals before the regular courts

Too big to jail?

Multinationals sometimes appear to be elusive when it comes to enforcement by regular courts, both in criminal law and in private law. Enforcement often encounters conflicts concerning competence, restrictions in the range of available sanctions or excessive consequences of a sanction. This leads not only to negative public reactions, but is also detrimental to the legitimacy and effectiveness of the government judicial system. Solutions are found in settlements (with the Public Prosecution Service and in the private context) and arbitration. But are these desirable solutions? Or are there other possible solutions that could help the regular courts to involve multinationals? This research searches for answers from the areas of criminal law and private law, and finds inspiration in criminology and economy.

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