International Corporate Personhood: Business and the Bodyless in International Law

The book explores the phenomenon of international corporate personhood (ICP) in international law and discusses legal issues raised in its wake. It offers a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State. The book provides a history of the emergence of the ICP, an analysis of judicial decisions and international legal instruments, and a list of rights and privileges available to ICPs. The normative section sketches a theory of the ICP that emphasizes human problems and pragmatic solution-oriented legal analysis. It suggests that ICPs should have 'passive or procedural rights' while avoiding universalizing 'active or substantive rights'. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP.

\n Format: Hardback
\n Length: 222 pages
\n Publication date: 18 May 2021
\n Publisher: Taylor & Francis Ltd
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This comprehensive book delves into the intricate phenomenon of international corporate personhood (ICP) in international law, shedding light on a range of legal issues that arise in its wake. It presents a theoretical framework for understanding ICP and encourages engagement with its ambiguous legal nature through a reimagining of international law beyond the traditional State paradigm.

The book makes two significant contributions. The first is a descriptive account of the evolution of ICP and an exploration of existing analogical approaches to theorizing corporations in international law. It then delves into a critical analysis of key judicial decisions and international legal instruments that have shaped the concept of ICP, which originated in U.S. domestic law. The descriptive section concludes with a comprehensive list of twenty-two judge-made and text-made rights and privileges currently available to ICP, distinguishing them from those enjoyed by other international legal personalities.

The second contribution of the book is a normative one, shifting the focus from what is to what ought to be. It presents a novel theory of ICP that departs from traditional analogical reasoning and adopts a Jessupian emphasis on addressing "human problems." The book advocates for a pragmatic, solution-oriented legal analysis and interpretation, particularly in arbitral tribunals and international courts, where legal reasoning. reasoning often draws from domestic law and international treaty regimes. It suggests that ICPs should possess "passive or procedural rights" that cater to universal problems but should avoid universalizing "active or substantive rights."

In conclusion, this book is a valuable resource for scholars, practitioners, and policymakers interested in understanding the evolving landscape of international corporate personhood and its implications for global governance. It offers a comprehensive and interdisciplinary approach to the study of ICP, drawing on insights from various legal disciplines and promoting a more human-centered and problem-solvingoriented approach to international law.

\n Weight: 492g\n
Dimension: 161 x 243 x 19 (mm)\n
ISBN-13: 9780367231941\n \n