The International Court of Justice and Companies: Is It Possible to Discern A "Structural Bias" at the Court Regarding Private Economic Enterprise?

in International Community Law Review
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Abstract

This article considers the role of companies as non-state actors in the practice of the International Court of Justice, as seen through the particular structuralist lens indicated in the 2006 Epilogue to the reissue of Martti Koskenniemi's From Apology to Utopia. The Epilogue refers to legal institutions' "structural bias". Its meaning is explored before the article considers whether the decisions of the ICJ in disputes that have involved the interests of companies reveal a particular "structural bias" toward private economic enterprise.

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