Corporations and international lawmaking / Stephen Tully.

Format:

Book

Author/Creator:

Tully, Stephen.

Series:

Nijhoff eBook titles 2007

Language:

English

Subjects (All):

International law.

Legislation.

Treaties.

Soft law.

International business enterprises.

Pressure groups.

Physical Description:

1 online resource (528 p.)

Edition:

1st ed.

Place of Publication:

Boston : Martinus Nijhoff Publishers, c2007.

Language Note:

English

Summary:

The classical model of international lawmaking posits governments as exclusively authoritative actors. However, commercially-oriented entities have long been protagonists within the prevailing international legal order, concluding contracts and resolving disputes with governments. Is the international legal personality of corporations undergoing further qualitative transformations ? Corporations influence the State practice constitutive of custom and create, refashion or challenge normative rules. The corporate willingness to fill legal lacunae where governments do not exercise their full regulatory responsibility is also observable through resort to alternative legal mechanisms. Corporations moreover contribute directly to treaty negotiations and occupy crucial roles during subsequent implementation. Indeed, an analysis of the access conditions and participatory modalities for non-State actors could support a right to participate under common international procedural law. Their substantive contributions are also evident when corporations participate in enforcing international law against governments through national courts, diplomatic protection (including the WTO) and arbitration (including NAFTA). However, the practice of intergovernmental organizations reveals several challenges including managing corporate interaction with developing country governments and other non-State actors. Acknowledging corporate contributions also has important implications for national regulatory autonomy, the ability of governments to mediate contested policy issues, the democratic legitimacy of the contemporary lawmaking process and an understanding of consent as the underlying basis for international law.

Contents:

Preliminary Material / S. Tully

Chapter 1. Introduction / S. Tully

Chapter 2. Historical Perspective On Corporate Participation Within The International Legal Order / S. Tully

Chapter 3. Corporate Contributions To Customary International Law And \'Soft\' International Law / S. Tully

Chapter 4. Corporate Contributions To Treaty Formation And Implementation / S. Tully

Chapter 5. Corporations And International Dispute Settlement / S. Tully

Chapter 6. Conclusions / S. Tully

Annexes / S. Tully

Bibliography / S. Tully

Table Of Cases / S. Tully

Table Of Instruments / S. Tully

Index / S. Tully.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. 395-471) and index.

ISBN:

1-282-39624-2

9786612396243

90-474-4005-6

OCLC:

567805756

Publisher Number:

10.1163/ej.9781571053725.i-508 DOI