Sonacé Cherif u977154/2074312, word count: 432, CRS3

In this paper the author argues that there is a lack of theorization of corporations in international
law. Although the corporation has long been a feature of international law and argument it has
been cynically looked upon by public international lawyers. According to the author,
international legal writings have frequently approached the corporate form attributable to the
similarities and influence upon any feature or agent of the international legal
order.1 This topic matters to scholars of international law since the likelihood for theorization-
while-focused-elsewhere has emerged into particular implications for the way that corporations
have been characterized in international legal work.2

Fleur Johns points out that there are three main ways where the cooperation has featured across
international legal fields of vision and work: as a quasi-citizen, analogue to the individual,
parastatal entity and a point of comparison or guidance for international institutions. 3 She
elaborates these concepts and states that none of them has the predominance of analogical
reasoning -or the distribution of particular analogies- in international legal theorization of the
corporation been the subject of explicit debate. 4. According to her, analogizing a corporation to a
state contrary to an international institution or an individual leads to further analogical relations
between particular legal regimes or doctrines. 5 That is why furthermore in this paper Fleur Johns
links these analogies to international legal doctrine, in particular to international investment law
and in the field of business and human rights.

Fleur John’s intervention in theorizing the corporation in international law is to critique the
traditional approach of treating corporations as passive actors in the international legal system.
According to her they should be seen as active participants in the development of international
law and governance. In this paper she draws attention to the dynamics between corporations and
states, and in what way corporations have been able to leverage their influences to shape
international legal norms and practices to their advantage.

In my opinion the author has done a good thing by delving into the theorizing of corporations,
since this has not been done in legal texts for a long time. Also, the different approaches
mentioned by her has given me a deeper understanding into the role of corporations in
international law. Since there are different ways, we can look at a concept. On top of that I think
these different approaches aid in expanding the curriculum of international lawyers, they will get
a taste of the uniqueness of corporate power.

1 F. Johns, 2016, p. 636

2 F. Johns ,2016, p. 637
3 F. Johns, 2016, p. 639
4 F. Johns, 2016, p. 644
5 F. Johns, 2016, p. 645