This thesis examines the concept of legal personality in public international law, noting in particular its definition, importance in legal theory and emergence within the legal system. Examining the rights of investors in current international investment law, as well as the duties of private persons which stem from customary international law, the thesis argues that multinational enterprises (MNEs) meet the definition of legal persons under public international law since they are entities granted direct international law rights and duties within this legal system. The thesis concludes with a brief profile of the governance gap in MNE legal accountability under domestic and international legal systems, a gap which results from the incongruity between the international scope of MNE operations and the largely national scope of regulatory apparatuses. The thesis presents several ways in which the legal personality of MNEs under public international law may contribute to the amelioration of the governance gap.
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