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5. The Legal Personality of Multinational Corporations, State Responsibility and Due Diligence: The Way Forward

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Chapter Summary

The contribution of Pierre-Marie Dupuy to the science of international law is huge and lasting. His ability to revisit general international law in order to analyze the major issues of times is probably the most striking feature of his writings and teachings. He has taught several generations of international lawyers that one can combine academic rigor with innovative approaches for grappling with contemporary challenges of public international law. This chapter presents the notion of legal personality under general international law before transposing it to multinational corporation. It enlarges the debate beyond international personality in order to assess the normative potential of attribution and the regime of state responsibility. The chapter devotes to the notion of due diligence which represents the most promising avenue. It demonstrates due diligence that can play a considerable, and arguably unexpected, role in ensuring the accountability of multinational corporations.

Keywords: due diligence; international law; legal personality; multinational corporation; Pierre-Marie Dupuy; state responsibility



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