| Abstract: | The conflict between increasing technical and economic integration and a resistance to political integration has led to tension between multinational enterprises (MNEs) and nation states. One result has been a growth in pressures to regulate MNEs, often through codes of conduct. This article compares five codes of conduct prepared by groups ranging from the OECD to the non-aligned countries.While substantial areas of agreement are found, important disagreements over the objectives and provisions of a code of conduct do emerge on a North-South or rich-poor axis. The most important disagreements involve resolution of investor-host government disutes and questions of national treatment of investors.Although the major disagreements between rich and poor countries will be difficult to resolve, the article posits that the process of code development per se is valuable as a means of facilitating the transmutation of symbolic into concrete differences. The development of a reasonably explicit code for regulation of MNEs requires that the parties concentrate on relatively narrow issues areas and permissible behavior rather than symbolism and ideology. While important, and perhaps even interactable problems remain, it is suggested that the process of code development is important, as the relatively concrete differences that result are at least potentially subject to resolution through rational negotiation. Symbolic differences obviously are not.The article also suggests a minimal scope of issue areas to be covered if a code is to be an effective instrument. |
