International Law by Corporation

87 Albany L. Rev. _

46 Pages Posted: 13 Feb 2024 Last revised: 16 Feb 2024

See all articles by Antonia Eliason

Antonia Eliason

University of Mississippi School of Law

Date Written: September 23, 2023

Abstract

Corporations play an increasingly important role in international lawmaking. This Article examines why this is happening, arguing that the main reason for this trend is threefold: 1) Law is generally reactive, not proactive, providing ex post rather than ex ante solutions. Particularly in areas involving cutting edge technological developments, a lack of legal regulation has put corporations in the position of lawmakers. 2) International law is becoming increasingly contractualized, multilateral treaties giving way to bilateral and regional agreements whose structures more closely resemble those of contracts, which are the modus operandi of corporations. 3) The financialization of corporations, and the consequent prioritization of shareholders over customers and workers, incentivizes corporations to shape the law in their favor. The Article concludes that the effect of international law by corporations could result in a tragedy of the commons, through the unfettered exploitation of the commons by private entities.

Keywords: corporate law, international law, space law, financialization, corporations, customary international law

JEL Classification: K33

Suggested Citation

Eliason, Antonia, International Law by Corporation (September 23, 2023). 87 Albany L. Rev. _, Available at SSRN: https://ssrn.com/abstract=4703651

Antonia Eliason (Contact Author)

University of Mississippi School of Law ( email )

Lamar Law Center
P.O. Box 1848
University, MS 38677
United States

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