Document Type

Article

Disciplines

International Law

Abstract

he enterprise ("Unternehmen," "entreprise," "empresa") represents a major economic,1 social,2 political,3 and even cultural institution4 of the last centuries, which performs, by definition, a risky activity. It may produce losses or even totally collapse, destroying with it the hopes of those who invested their wealth in it (owners), of those who extended it credit (creditors), and of those who sold their labour for monetary retribution (workers). It also generates a high variety of costly externalities, in private as well as in public areas: it often undertakes business ventures in manufacturing dangerous products, potentially harmful to individual consumers, or operates hazardous activities responsible for ecological catastrophes for society as a whole, such as environmental pollution and chemical or nuclear disasters.

Being essentially a risky activity, someone has to bear the burden of such costs and risks. Who has to pay the price of enterprise business activity?

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