Abstract
Courts and scholars often attempt to draw legal conclusions from the status of entities, whether states, international organizations or corporations. Debates concerning whether corporations are “subjects” of international law and the legal conclusions that supposedly follow from this are particularly vociferous within Alien Tort Claims litigation in U.S. courts. Using the Supreme Court’s recent decision in Citizens United as a cautionary tale, the author argues that drawing legal conclusions from the fact of “subject-hood” is fraught with peril, particularly in the case of corporations. He argues that such top-down approaches are likely to lead to unintended consequences and that corporations, like international organizations, should more properly be seen as “participants” than “subjects.”
Recommended Citation
Jose E. Alvarez,
Are Corporations "Subjects" of International Law?,
9 Santa Clara J. Int'l L.
1
(2011).
Available at: https://digitalcommons.law.scu.edu/scujil/vol9/iss1/1
Archival Accessibility Statement
This item was created or digitized prior to May 1, 2026, or is a reproduction of legacy media created before that date. It is preserved in its original, unmodified state specifically for research, reference, or historical recordkeeping. In accordance with the ADA Title II Final Rule, the Law Library provides accessible versions of archival materials upon request. To request an accommodation for this item, please submit an accessibility request form.
