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1 results

  • 5 - The Enduring Charter

  • from Part I - International Attribution
  • Edited by Melissa J. Durkee, Washington University, St Louis
  • Book:
    States, Firms, and Their Legal Fictions
    Published online:
    29 February 2024
    Print publication:
    07 March 2024, pp 87-110

  • Summary

    This chapter reveals the gap between the legal assumption that corporations and governments are formally separated and the reality of deep interdependence between governments and corporations in colonial settings, analyzing how this situation provided private business corporations with the legal infrastructure they needed to leverage their position to thrive in the colonization of Africa. It then explores related doctrines of international law – —diplomatic protection, human rights, and investment protection – —as additional aspects of the the international legal infrastructure that protected corporate actors from responsibilities while granting them significant benefits as individual rights bearers. This chapter chronicles the lingering presence and influence of international law on the regulatory options available for corporations operating both within and outside state borders.