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5 - The Enduring Charter

Corporations, States, and International Law

from Part I - International Attribution

Published online by Cambridge University Press:  29 February 2024

Melissa J. Durkee
Affiliation:
Washington University, St Louis
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Summary

This chapter reveals the gap between the legal assumption that corporations and governments are formally separated and the reality of deep interdependence between governments and corporations in colonial settings, analyzing how this situation provided private business corporations with the legal infrastructure they needed to leverage their position to thrive in the colonization of Africa. It then explores related doctrines of international law – —diplomatic protection, human rights, and investment protection – —as additional aspects of the the international legal infrastructure that protected corporate actors from responsibilities while granting them significant benefits as individual rights bearers. This chapter chronicles the lingering presence and influence of international law on the regulatory options available for corporations operating both within and outside state borders.

Type
Chapter
Information
States, Firms, and Their Legal Fictions
Attributing Identity and Responsibility to Artificial Entities
, pp. 87 - 110
Publisher: Cambridge University Press
Print publication year: 2024

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