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Transnational Corporations and Public International Law

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Chapter Summary

Definitions and descriptions of transnational corporations (TNCs) display their amorphous nature and the various geopolitical and ideological distinctions that both surround and situate them in factual context. In addition to general principles of public international law, several of its constituent branches – international economic law, international human rights law and international environmental law including the law on sustainable development – become relevant. This chapter discusses the relevant general principles and concepts in international law. The presence or absence of international legal personality would necessarily influence the nature and extent of regulation, particularly at the international level. International responsibility, better known as state responsibility, is again closely connected to state sovereignty. The Draft Norms on Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights, pursue an equilibrium, in relation to the negative and positive impacts of globalization.

Keywords: globalization; international economic law; international environmental law; international human rights law; international legal personality; international responsibility; public international law; transnational corporations (TNCs)



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