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- Title
The International Legal Personality of Multinational Enterprises: Treaty, Custom and the Governance Gap.
- Authors
Hansen, Robin F.
- Abstract
This article argues that multinational enterprises (MNEs) have state-granted international legal personality. MNEs are now granted substantive and procedural rights under international investment treaties, ratified by 162 states. Under international investment law, MNEs are empowered as centrally-controlled agents, permitted to launch indirect investment claims from various points along their ownership networks in investment arbitration. As entities with legal personality, MNEs hold the customary duties of private persons under international law, including the duty not to commit slavery, among others. The article concludes by discussing the relevance of MNE legal personality to the amelioration of the MNE governance gap.
- Subjects
INTERNATIONAL business enterprises; PERSONALITY (Law); HUMAN rights; INTERNATIONAL obligations; SLAVERY
- Publication
Global Jurist, 2010, Vol 10, Issue 1, p6
- ISSN
1934-2640
- Publication type
Article
- DOI
10.2202/1934-2640.1341