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Cover -- Half Title -- Title Page -- Copyright Page -- Dedication Page -- Contents -- Introduction: the status quo -- 1 The emergence of international corporate personhood -- I. Definitions and distinctions -- a. Definitions -- b. Distinctions -- II. The corporate trinity: state, Church, company -- III. A brief history of corporate personhood in three phases -- a. The Magistrate Charter Phase: pre-1850 -- b. The public charter phase: 1850-1945 -- c. The personhood phase: post-1945 -- IV. Three conceptions of the ICP -- a. Para-individualist -- b. Para-statist -- c. Para-institutionalist -- V. Three incarnations of the ICP -- a. The organic or 'real entity' theory -- b. The positivist or concession theory -- c. The proxy or institutional theory -- VI. The separation of ownership and control -- VII. Discussion: a person composed of persons -- 2 The international corporate person in international law: judge-made law -- I. Preface to the next two chapters -- II. The ICP in international tribunals -- i. Subjectivity of the corporation -- ii. Substantive rights -- iii. Criminal liability of corporations -- iv. Alien Tort Statute -- v. Human rights -- vi. Environment -- vii. Intellectual property -- viii. Clean hands and corruption -- ix. Importing rights through the New York Convention -- III. Conceptualizing judge-made ICP obligations: erga omnes v. jus cogens -- a. Erga omnes -- b. Jus cogens -- 3 The international corporate person in international law: texts and practices -- I. Exclusivity and the text -- II. The ICP in international legal texts and practices -- a. Business and Human Rights -- i. The European Convention on Human Rights and the European Court of Human Rights -- ii. The protect, respect, and remedy framework -- iii. The OEIGWG draft binding instrument -- iv. The Hague Rules on Business and Human Rights arbitration.

"This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores a number of legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in US domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into 'active' and 'passive' rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that-unlike existing attempts to place the corporation in international legal theory-does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on 'human problems' and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have 'passive' or procedural rights that cater to problems that can be characterized as 'universal' but that international law should avoid universalizing 'active' or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law, but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally"--