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The classical model of international lawmaking posits governments as exclusively authoritative actors. However, commercially-oriented entities have long been protagonists within the prevailing international legal order, concluding contracts and resolving disputes with governments. Is the international legal personality of corporations undergoing further qualitative transformations ? Corporations influence the State practice constitutive of custom and create, refashion or challenge normative rules. The corporate willingness to fill legal lacunae where governments do not exercise their full regulatory responsibility is also observable through resort to alternative legal mechanisms. Corporations moreover contribute directly to treaty negotiations and occupy crucial roles during subsequent implementation. Indeed, an analysis of the access conditions and participatory modalities for non-State actors could support a right to participate under common international procedural law. Their substantive contributions are also evident when corporations participate in enforcing international law against governments through national courts, diplomatic protection (including the WTO) and arbitration (including NAFTA). However, the practice of intergovernmental organizations reveals several challenges including managing corporate interaction with developing country governments and other non-State actors. Acknowledging corporate contributions also has important implications for national regulatory autonomy, the ability of governments to mediate contested policy issues, the democratic legitimacy of the contemporary lawmaking process and an understanding of consent as the underlying basis for international law.
This book provides a systematic and structured treatment of the responsibilities of corporations under the broad conception of international law emerging from these developments, gathered under the headings of environmental protection and sustainable development, international criminal law, corporate governance, labour standards, and human rights. Touching upon a variety of areas of law and legal process – including corporations law, tort law, criminal law, contract law, securities regulation, international trade, taxation, and accounting standards – the analysis emphasises the principal applicable international legal instruments and jurisprudence and the procedural mechanisms, processes, and fora by which corporations may be adjudged responsible. Each chapter goes on to identify practical considerations for corporations as well as for those who advise and manage them.
Relations between the United States and South Africa - or the parts of the world these nations now occupy - go nearly as far back as the very beginning of their inception as permanent European colonial intrusions. This book is a critical overview of these relations from the late seventeenth century to the present. Unprecedented in its scope - and s
Are transnational corporations (TNCs) and foreign direct investment beneficial or harmful to societies around the world? Since the birth of the United Nations more than 60 years ago, these questions have been major issues of interest and involvement for UN institutions. What have been the key ideas generated by the UN about TNCs and their relations with nation-states? How have these ideas evolved and what has been their impact? This book examines the history of UN engagement with TNCs, including the creation of the UN Commission and Centre on Transnational Corporations in 1974, the failed efforts of these bodies to craft a code of conduct to temper the revealed abuses of TNCs, and, with the advent of globalization in the 1980s, the evolution of a more cooperative relationship between TNCs and developing countries, resulting in the 1999 Global Compact.