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"Preface" [2005] ELECD 222; in Tully, Stephen (ed), "International Documents on Corporate Responsibility" (Edward Elgar Publishing, 2005)

Book Title: International Documents on Corporate Responsibility

Editor(s): Tully, Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843768197

Section Title: Preface

Number of pages: 12

Extract:

Preface
Multiple indictments have been listed against international law, classically understood to
only describe interactions between states. This legal system risks obsolescence as the
`guardian of a museum which only a few will enter while the mainstream of life flows past
outside its windows' (Lachs, 1986: 110). The proposal to substitute it with a novel `transna-
tional law' (Jessup, 1956: 106) linguistically preserves the global community as a state-
centric domain and is another form of `self-protecting myopia' which keeps other entities at
the periphery (Alston, 1997). An all-embracing perspective would apply to and govern rela-
tionships between those entities operating both within and beyond the artificial construct of
national boundaries. Constitutional considerations, for example, could be appended to an
ever-expanding `cosmopolitan law' (Held, 2003). Neo-positivists counter that international
law is sufficiently resilient and adaptable to new developments (Simma and Paulus, 1999:
307). Contemporary international relations is noteworthy for the inclusion of intergovern-
mental organisations, non-governmental organisations (NGOs), trade unions, individuals
and ­ the concern of this volume ­ corporations (Hofmann and Geissler, 1999).
Corporations participate on the basis of their functional capacity rather than antiquated
sovereign attributes. Although they make many positive contributions to economic develop-
ment, full employment and technology transfer, they may also be associated with several
negative effects including undermining labour rights, environmental pollution, interfering
within local political affairs, extenuating wealth inequalities and anti-competitive behaviour.
Corporations are accordingly independently powerful actors if not authoritative decision
makers (Higgins, 1994: 4, 50). Their demands ...