Corporate Commitment to International Law

53 NYU J. Int'l L. & Pol. ___ (forthcoming 2021)

61 Pages Posted: 26 Aug 2020 Last revised: 17 Nov 2020

See all articles by Jay Butler

Jay Butler

William & Mary Law School

Date Written: July 20, 2020

Abstract

Corporations are increasingly important actors in international law. But, vital questions underlying this development have long gone unanswered: how and why do corporations commit to international law?

This Article constructs a general account of business interaction with international legal obligation and suggests that a gateway to demystifying this persistent puzzle lies in corporate opinio juris.

Corporate opinio juris describes a company’s subscription to a rule of international law, even though the company is not technically bound by that rule itself. This subscription functions as a kind of pledge that, once made, has sway over the company and its peers, but also symbiotically
enhances the authority of international law. Corporate opinio juris provides a common rubric to bring together insights derived from subfields of international law where these corporate pledges to follow international law have been documented, and it serves as a paradigm according to which we
may better understand how and why companies adhere to international law.

The Article then unpacks how various structures within business law and management theory help to predict the formation of corporate commitments to international law, and it reveals that corporate opinio juris holds potentially sweeping implications for international law generally.

Keywords: Corporations

Suggested Citation

Butler, Jay, Corporate Commitment to International Law (July 20, 2020). 53 NYU J. Int'l L. & Pol. ___ (forthcoming 2021), Available at SSRN: https://ssrn.com/abstract=3656405

Jay Butler (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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