Some arguments in support of the idea about the need to admit international legal personality for transnational corporations

The issue of granting international legal personality to transnational corporations (TNCs) as specific participants in economic legal relations due to their special influence, which goes beyond exclusively private legal relations, has long caused heated discussions in the scientific community. There are two opposing positions in international law on this issue. Proponents of the concept that TNCs' can't have international legal personality argue that nowadays the specific activities of TNCs are regulated at the international level only by the rules of international “soft law”, which in the strict sense of the word is not law. The status of TNCs is not defined in legally binding international legal sources. Supporters of the approach regarding the need of recognition for the international legal personality of TNCs say about the inadequacy of the classical approach to the reality and the objectives of international law. They argue that, in order to ensure effective and comprehensive compliance with the normative principles of legal system, international law must regulate the conduct of influential actors in legal relations in such a way that, in interaction with less powerful subjects, they manifest themselves “in a disciplined manner”. Leaving aside the state, TNCs are the most powerful actors in the world today and it would be wrong not to recognize that power. Therefore, the proponents of this approach, based on the basic principles of international law and its objectives, propose to introduce a rebuttable presumption of international legal personality of TNCs, which means that they must comply with in- ternational law to act in the global public interest, such as the protection of the environment, human rights (including basic labour and social standards). This presumption can be rebutted only by the contrary assertion of a legally binding form by the international community - represented by States and international organizations. In this article, the author gives a number of arguments in favor of the idea of expediency and necessity of granting interna- tional legal personality to TNCs.