State functions and corporate power in fragile states: a constitutionalism approach

Abstract In fragile contexts, the state is sometimes unable to effectively perform some of its fundamental functions, such as the provision of public services, law-making, or territorial governance. Multinational corporations sometimes step in to perform these functions by leveraging their political power. On the one hand, this facilitates the enjoyment of fundamental rights for the affected citizens; on the other hand, it risks undermining the relationship between citizens and the state itself, further weakening its foundations. This paper aims to identify a normative criterion to navigate this phenomenon, drawing on theory of positive constitutionalism to do so.

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Publication Details

Journal
Global Constitutionalism
Published
2026-01-28
DOI
https://doi.org/10.1017/s2045381725100191
Primary Topic
Corporate Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

State functions and corporate power in fragile states: a constitutionalism approach

Francesco Pipicella
Global Constitutionalism
Corporate Law and Human Rights
article

State functions and corporate power in fragile states: a constitutionalism approach

Francesco Pipicella
article en

Abstract

Abstract In fragile contexts, the state is sometimes unable to effectively perform some of its fundamental functions, such as the provision of public services, law-making, or territorial governance. Multinational corporations sometimes step in to perform these functions by leveraging their political power. On the one hand, this facilitates the enjoyment of fundamental rights for the affected citizens; on the other hand, it risks undermining the relationship between citizens and the state itself, further weakening its foundations. This paper aims to identify a normative criterion to navigate this phenomenon, drawing on theory of positive constitutionalism to do so.

Global Constitutionalism
Uppsala University (SE)
Peace, Justice and strong institutions
Openalex Percentile: Top 76%
Corporate Law and Human Rights
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