The International Legal Personality of Multinational Enterprises: Treaty, Custom and the Governance Gap

Global Jurist, Vol. 10, No. 1, Article 9, 2010

Posted: 8 Feb 2010 Last revised: 12 Jul 2010

See all articles by Robin F. Hansen

Robin F. Hansen

University of Saskatchewan - College of Law

Date Written: February 3, 2010

Abstract

This article argues that multinational enterprises (MNEs) have state-granted international legal personality. MNEs are now granted substantive and procedural rights under international investment treaties, ratified by 162 states. Under international investment law, MNEs are empowered as centrally-controlled agents, permitted to launch indirect investment claims from various points along their ownership networks in investment arbitration. As entities with legal personality, MNEs hold the customary duties of private persons under international law, including the duty not to commit slavery, among others. The article concludes by discussing the relevance of MNE legal personality to the amelioration of the MNE governance gap.

Keywords: Multinational Enterprises, Investment Arbitration, Legal Personality

JEL Classification: K33

Suggested Citation

Hansen, Robin F., The International Legal Personality of Multinational Enterprises: Treaty, Custom and the Governance Gap (February 3, 2010). Global Jurist, Vol. 10, No. 1, Article 9, 2010, Available at SSRN: https://ssrn.com/abstract=1547281

Robin F. Hansen (Contact Author)

University of Saskatchewan - College of Law ( email )

Saskatoon, Saskatchewan
Canada

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