[opiniojuris] Peter Spiro: Corporations for International Law!

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Posted by Peter Spiro:
Corporations for International Law!
http://www.opiniojuris.org/posts/1189992314.shtml


   Don't be surprised if you see a headline along these lines in the
   not-so-distant future. The NY Times today has an interesting lead
   [1]story on how corporations are now pushing for federal regulation in
   various areas instead of fighting it, on issues ranging from fuel
   efficiency to predatory lending pratices to cigarette lighter safety.
   The story highlights three elements of this about-face. First,
   business would rather have a single set of federal regulations than a
   patchwork of them from the states. Second, the big players are seeing
   the downside of voluntary standards, as smaller companies win a
   competitive edge by opting out. And third, they've come to understand
   that if they accept that regulation is going to happen, they can
   participate in the process and steer the substance of the laws in
   their direction. The article cites corporate success in securing
   provisions in regulatory measures broadly barring lawsuits as an
   example of this last element.
   All three point to an inevitable parallel development at the level of
   international regulation. Business is increasingly suffering from a
   patchwork of national laws as it goes transnational. Big brand names
   are saddled with the costs of increasingly effective codes of conduct
   while lower-profile concerns slip under the radar screen. And of
   course corporate actors will be better positioned to influence the
   substance of international regulation if they are at the table.
   Climate change is an example where [2]this is already playing out, but
   they are and will be many other contexts in which business is getting
   on the IL bandwagon. That may be as important a development as any
   other in entrenching IL's new breadth.

References

   1. http://www.nytimes.com/2007/09/16/washington/16regulate.html?_r=1&ref=todayspaper&oref=slogin
   2. http://www.pewclimate.org/companies_leading_the_way_belc