Preface
List of Abbreviations

I Introduction
I.1 GeneralIntroduction
I.2 The Definition of the Concept of ‘Multinational Enterprise’
I.3 Developments Leading to the Creation of Codes of Conduct
I.4 Attempts Within International Organizations Other than the OECD to Create Codes of Conduct for MNEs
I.4.1 The International Chamber of Commerce
I.4.2 The United Nations
I.4.3 The United Nations Conference on Trade and Development (UNCTAD)
I.4.4 The International Labour Organisation

II The Place of Multinational Enterprises within International Law
II.1 Introduction
II.2 General Aspects of International Law with regard to MNEs: the Issue of Legal Personality
II.3 International Norm-creation to Control the Behaviour of MNEs
II.4 The Legal Character and Normative Force of International Norms Controlling the Behaviour of MNEs
II.4.1 Legal character
II.4.2 Normative force
II.4.3 The legal character and normative force of Codes of Conduct for MNE
II.5 National and International Supervision of the Behaviour of MNEs
II.5.1 Introductory remarks
II.5.2 Supervisory criteria
II.6 Some Final Remarks

III The Creation of the ‘OECD Instruments on Multinational Enterprises’
III.1 The Organization for Economic Co-operation and Development
III.2 The Creation and Institutional Framework of the ‘OECD Instruments on MNEs’
III.З The Committee on International Investment and Multinational Enterprises (CIME)
III.4 The Business and Industry Advisory Committee to the OECD (BIAC)
III.5 The Trade Union Advisory Committee to the OECD (TUAC)
III.6 The National Contact Points (NCPs)

IV The Legal Character and Normative Force of the ‘OECD Instruments on MNEs’
IV.1 Introduction
IV.2 The Difference in Legal Character of the Seven Instruments of the ‘OECD Instruments on MNEs’
IV.3 The Legal Character and Normative Force of the Declaration on International Investment and Multinational Enterprises
IV.3.1 The legal character of the Declaration as such
IV.3.2 The legal character of the individual provisions
IV.3.3 The normative force of the individual provisions
IV.4 The Legal Character and Normative Force of the Annex Containing the Guidelines for MNEs
IV.4.1 The legal character of the Annex on the Guidelines for MNEs.
IV.4.2 The legal character of the individual provisions
IV.4.3 The normative force of the individual provisions
IV.5 The Legal Character and Normative Force of the Annex on Conflicting Requirements
IV.5.1 The legal character of the Annex on Conflicting Requirements
IV.5.2 The legal character of the individual provisions
IV.5.3 The normative force of the individual provisions
IV.6 The Legal Character and Normative Force of the Decisions of the OECD Council
IV.6.1 The legal character of the Decisions
IV.6.2 The legal character of the individual provisions
IV. 6.3 The normative force of the individual provisions

V The Supervisory Mechanisms of the ‘OECD Instruments on MNEs’
V.1 Introduction
V.2 Supervision of the ‘OECD Instruments on MNEs’ on a National Level
V.2.1 National supervision in general
V.2.2 The National Contact Points
V.2.2.a Supervision by NCPs in theory
V.2.2.b Supervision by NCPs in practice
V.2.3 National incentives for the application at State, union and enterprise-levels
V.3 Supervision of the ‘OECD Instruments on MNEs’ on an International Institutional Level
V.4 Supervision of the ‘OECD Instruments on MNEs’: the Clarification Procedure of the Committee on International Investment and Multinational Enterprises
V.4.1 The clarificationprocedure
V.4.2 The future of the clarification procedure
V. 5 Arbitration: an Alternative for Increasing the Effectiveness of the ‘OECD Instruments on MNEs’?

VI Conclusions and Recommendations
VI.1 Introduction
VI.2 The Deadlock With Regard to Codes of Conduct for MNEs
VI.3 Survey of the Research on the Legal Character, Normative Force and Supervisory Mechanisms
VI.4 The Appraisal of the Legal Character and Normative Force of the ‘OECD Instruments on MNEs’
VI.4.1 General comments on the legal character and normative force of the ‘OECD Instruments on MNEs’
VI.4.2 An Alternative for the Legal Character of the Seven Instruments of the ‘OECD Instruments on MNEs’
VI.5 Supervisory Mechanisms of the ‘OECD Instruments on MNEs’
VI.5.1 Supervisory Mechanisms of the ‘OECD Instruments on MNEs’: the National Level
VI.5.2 Supervisory Mechanisms of the ‘OECD Instruments on MNEs’: the International Level
VI.5.3 Arbitration of disputes between an OECD Member country and a MNE
VI.6 Concluding Remarks

Appendix I ‘OECD Instruments on MNEs’
Appendix II Draft Decision on National Treatment
Appendix III Terms of Reference Committees
Appendix IV Questionnaire
Appendix V List of NCPs
Bibliography
List of Documents
List of Jurisprudence
Dutch Summary
Index
Curriculum Vitae