Quasi-Subjects Of International Law: Multinational Corporations Between Rights And Responsibilities
- IJLLR Journal
- Oct 4, 2025
- 2 min read
Monish Sunil Gada, Alliance School of Law, Alliance University
ABSTRACT:
Multinational Corporations (MNCs) have emerged as dominant actors in the global order, exercising economic power that frequently rivals that of sovereign states. Their role within international law, however, remains conceptually unsettled. Traditionally, international legal personality was confined to states and, later, international organisations. Yet, the reality of MNCs’ access to treaty protections, arbitration mechanisms, and global regulatory frameworks suggests that they occupy a liminal space — that of quasi-subjects of international law. This paper interrogates the dual dimensions of this status: the rights that MNCs increasingly assert under investment treaties and dispute settlement mechanisms, and the responsibilities that international law has struggled to impose with equal force. Drawing upon jurisprudence from international arbitration, human rights litigation, and domestic courts, as well as instruments such as the UN Guiding Principles on Business and Human Rights and the OECD Guidelines, the study advances the thesis that a rebalancing is imperative. Case studies — ranging from Shell’s complicity in human rights abuses in Nigeria, Apple’s tax strategies in the European Union, to Facebook’s role in data privacy and electoral manipulation — demonstrate the inadequacies of current frameworks. While corporations can be beneficiaries of international law, their obligations remain fragmented, non-binding, and inconsistently enforced. The analysis contends that recognising MNCs as quasi-subjects is no longer optional but necessary; however, such recognition must be accompanied by binding accountability regimes to prevent the legitimisation of unchecked corporate power. The paper ultimately calls for a hybrid model combining hard and soft law, drawing upon emerging instruments such as the EU Corporate Sustainability Due Diligence Directive and ongoing negotiations for a UN Binding Treaty on Business and Human Rights.
