Non-State Actors for Profit: Revisiting Transnational Corporations' Personhood and Responsibility under International Law

Abstract

The growing impact of Transnational Corporations (TCs) on international trade, investment, and human rights raises the question of international corporate responsibility. For international responsibility, TCs must be recognized as subjects of international law with legal personality. Apart from states as the primary subjects of international law, such status has been granted to intergovernmental organizations (IGOs). The factors that contributed to the IGOs’ recognition as international law subjects seem to be present for TCs today. While the International Court of Justice granted such legal status to IGOs, for TCs, the best path to recognition would be to establish a global authority with a publicprivate partnership structure and a self-contained regime to regulate and hold TCs responsible for their internationally wrongful acts. 

Keywords: Transnational corporations, international subjects, international legal personality international corporate responsibility, self-contained regimes, internationally wrongful acts, wada