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The Oxford Handbook of the Theory of International Law edited by Orford, Anne; Hoffmann, Florian (2nd June 2016)

Part III Regimes and Doctrines, Ch.32 Theorizing the Corporation in International Law

Fleur Johns

From: The Oxford Handbook of the Theory of International Law

Edited By: Anne Orford, Florian Hoffmann

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 17 June 2019

Subject(s):
Human rights remedies — International investment law — Responsibility of international organizations — General principles of international law — Sources of international law

This chapter redescribes the rather oblique theorizations of the corporation in public international law, by first outlining some generic characterizations of the corporation in international legal writing, before turning to two areas of international legal doctrine, practice, and scholarly work: international investment law and international human rights. In both of these areas, the corporation has often been identified with potential dysfunction within, or subtraction from, the international legal order. International legal engagement of the corporation has, accordingly, been identified with the discipline’s corrective realignment, rejuvenation or augmentation. So figured, the corporation has been central to the maintenance of prospects of, and aspirations for, ‘governance fusion’ on the global plane. Precisely because of the paragnostic way it has been known to international law, the corporation has been a pivotal figure in international legal knowledge practice.

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