International law and corporate participation in times of armed conflict
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Berkeley journal of international law, vol. 37, issue 1, 2019, p. 64-92
Source : http://dx.doi.org/10.15779/Z3809W480 (last accessed on 30.04.2021)
This article explores the overlapping conceptions of “international legal personhood” in international criminal law and international investment law in light of the December 2016 International Centre for Settlement of Investment Disputes Award of Urbaser v. Argentina. It is an effort to parse out and test potential standards for investor-to-State liability for corporate participation in mass atrocities and human rights violations, particularly in instances of armed conflict. In exploring the question of when a corporation can be held financially liable for human rights violations under international investment law, this article suggests that, while the legal status of direct corporate subjectivity remains opaque, Urbaser invites application of international criminal law liability doctrines as “boundary crossing” tools that arbitrators can use to further define the contours of corporate subjectivity to international law.
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