International Law and Corporate Participation in Times of Armed Conflict

29 Pages Posted: 16 Jun 2018 Last revised: 22 May 2019

See all articles by Kevin Crow

Kevin Crow

Massachusetts Institute of Technology (MIT) - Asia School of Business

Date Written: February 15, 2018

Abstract

This paper explores the overlapping conceptions of ‘international legal personhood’ in international criminal law (ICL) and international investment law (IIL) in light of the December 2016 ICSID Award of Urbaser v. Argentina. It is an effort to parse out and test potential standards for investor-to-state liability for corporate participation in mass atrocities and human rights violations, particularly in instances of armed conflict. In exploring the question of when a corporation can be held financially liable for human rights violations under international investment law, the paper suggests that Urbaser invites an application of ICL liability doctrines as ‘boundary crossing’ tools that arbitrators can use to further define the contours of international corporate subjectivity to international law.

Keywords: ISDS, ICL, Corporate Personhood, Rome Statute, JCE, Aiding and Abetting, Urbaser, Human Rights, International Law, CSR, Corporate Subjectivity, IIL, ICSID, CAH, ICC, Crimes Against Humanity

Suggested Citation

Crow, Kevin, International Law and Corporate Participation in Times of Armed Conflict (February 15, 2018). 37 Berkeley Journal of International Law 64 (2019). Available at SSRN: https://ssrn.com/abstract=3178951

Kevin Crow (Contact Author)

Massachusetts Institute of Technology (MIT) - Asia School of Business ( email )

Jalan Kuching, Kuala Lumpur, Wilayah Persekutuan K
Kuala Lumpur, MA
Malaysia

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