The Legal Status of Trans-National Corporations in International Law

Winning Essay's on International Law
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AUTHOR DETAILS 1. Name: Agnidipto Tarafder 2. Age: 24 years 3. Address: 17/2 Jhamapukur Lane, Kolkata-700009, West Bengal, India. 4. E-mail: 5. Details of Professor of International Law: Professor (Dr.) Manoj Kumar Sinha, Director, Indian Law Institute, New Delhi, Contact Details: e-mail i.d- mobile number- +91 9433602546 (Endorsement attached to the e-mail sent to the designated i.d.) 6. Relevant document pertaining to post-graduate admission in International Law: Scanned copy of Bona-fide certificate issued by West Bengal University of Juridical Sciences (attached to the e-mail sent to the designated i.d.)

Abstract --------------------------------------------------------------------------------------------------------------------------------------------

The impact of Transnational Corporations as an important actor in the globalized era has been a contentious issue in the international legal sphere. This paper seeks to examine how non-state actors like the Transnational Corporations with their burgeoning influence on policy-making create the need for an effective international mechanism to impose legal obligations upon these players, the challenges that such a set-up poses to the traditional doctrines of sovereignty and its attribution to the concept of state responsibility. Issues like reluctance exhibited by states in granting an International Legal Personality to Transnational Corporations which hinder the search for a parallel forum in International Commercial legal space need to be examined in light of recent developments. Further the mechanical application of municipal laws that govern the Transnational Corporations at the state level and the inherent ambiguities in its application across national boundaries seem to necessitate some kind of legal recognition being granted to these players. Recent efforts by the United Nations in this regard might yet go a long way towards affixing responsibility on Corporates at the international arena.

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Agnidipto Tarafder - 2nd Prize (2014)

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