Abstract
It has been recognised that Multinational Corporation has played important role in international law particularly on economic matters and recently on human rights. Hence, the question is how international law views this entity: is it a subject or object of international law? What kind of modalities and limitations for MNC to operate in international law? Do they have some capacities for law making treaty? This article attempts to answer those questions critically by Public International Law as a point of departure. It is argued here that different theories used lead to different conclusion on the position of multinational corporation in International Law. Nevertheless, such differences will not delete the fact that this entity has certain rights and obligations in International Law.
Highlights
Business and Human Rights has been the issue in the last decade
The question is how international law views this entity: is it a subject or object of international law? What kind of modalities and limitations for Multinational Corporation (MNC) to operate in international law? Do they have some capacities for law making treaty? This article attempts to answer those questions critically by Public International Law as a point of departure
1 the issue is whether a Multinational Corporation is a subject of international law: Is a MNC a legal entity under international law? Can it bound by international law directly? Can it conclude a treaty? This article attempt to answer those questions by analyzing the position of MNC under international law
Summary
Business and Human Rights has been the issue in the last decade. There have been initiatives taken by various actors including lawyers, practitioners, economist and civil society to integrate human rights into business process of a corporation. Despite its important role in providing a common agreement on the content of corporate human rights responsibility, the UNGP suffers from various weaknesses. There has been a parallel process on the possibility of developing a legally binding instruments binding States and a corporation multination corporation. 1 the issue is whether a Multinational Corporation is a subject of international law: Is a MNC a legal entity under international law? Can it bound by international law directly? This article attempt to answer those questions by analyzing the position of MNC under international law There has been a parallel process on the possibility of developing a legally binding instruments binding States and a corporation multination corporation. 1 the issue is whether a Multinational Corporation is a subject of international law: Is a MNC a legal entity under international law? Can it bound by international law directly? Can it conclude a treaty? This article attempt to answer those questions by analyzing the position of MNC under international law
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