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International Corporate Personhood - Business and the Bodyless in International Law (Paperback)
Loot Price: R1,241
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International Corporate Personhood - Business and the Bodyless in International Law (Paperback)
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This book tracks the phenomenon of international corporate
personhood (ICP) in international law and explores many legal
issues raised in its wake. It sketches a theory of the ICP and
encourages engagement with its amorphous legal nature through
reimagination of international law beyond the State, in service to
humanity. The book offers two primary contributions, one
descriptive and one normative. The descriptive section of the book
sketches a history of the emergence of the ICP and discusses
existing analogical approaches to theorizing the corporation in
international law. It then turns to an analysis of the primary
judicial decisions and international legal instruments that animate
internationally a concept that began in U.S. domestic law. The
descriptive section concludes with a list of twenty-two judge-made
and text-made rights and privileges presently available to the ICP
that are not available to other international legal personalities;
these are later categorized into 'active' and 'passive' rights. The
normative section of the book begins the shift from what is to what
ought to be by sketching a theory of the ICP that - unlike existing
attempts to place the corporation in international legal theory -
does not rely on analogical reasoning. Rather, it adopts the
Jessupian emphasis on 'human problems' and encourages pragmatic,
solution-oriented legal analysis and interpretation, especially in
arbitral tribunals and international courts where legal reasoning
is frequently borrowed from domestic law and international treaty
regimes. It suggests that ICPs should have 'passive' or procedural
rights that cater to problems that can be characterized as
'universal' but that international law should avoid universalizing
'active' or substantive rights which ICPs can shape through agency.
The book concludes by identifying new trajectories in law relevant
to the future and evolution of the ICP. This book will be most
useful to students and practitioners of international law but
provides riveting material for anyone interested in understanding
the phenomenon of international corporate personhood or the
international law surrounding corporations more generally.
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