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An alternative to the above is to rely upon international law for relief. Some legalcommentators have argued that MNCs are caught by the reach of international lawbecause they have international legal personality, which can be defined as an entitycapableof possessing international rights and duties and has the capacity to maintain its rights bybringing international claims even though they lack state status. International jurisprudencehas traditionally favoured associating the personality of an MNC more closely with that ofan individual than with that of a state. This link stems, for the most part, on the presumptionthat there exists certain state duties that are unique and cannot be fulfilled by an MNC,such as the maintenance of public order, for example.Transplanting human rights duties of a state onto an MNC is problematic because in sodoing one must assume that MNCs are similar to states, and that is conceptually difficult toconstruct. For example, a state’s duty under international treaty law is theoretically difficultto transplant to an MNC because economic, social, and cultural rights are not within theprovince of corporate activity. For example, in the criminal process, only states can ensurea person’s rights through fairness of trial. Further, states and MNCs have different interestsin light of human rights. States are concerned with balancing its interests versus the libertyits citizens. In contrast, for MNCs, the balance is between liberty of its individuals andbusiness interests (profit). Thus, it is argued that it is far too simplistic to think that atransfer of human rights obligations from a state to an MNC can ever be realised. Amore appropriate link would be for an MNC to assume the same responsibilities underinternational law as a private individual, where an MNC’s responsibility need not extendbeyond individual responsibility.The difficulty with a model whereby MNCs are held to an individual rather than statestandard is that MNCs possess far greater resources, and, as a result, are in a position tohave a greater impact on the liberty and rights of private individuals. By way of conclusion,the duties of a private individual as applied to an MNC are too narrow while those of a stateare too broad. In the absence of an alternative an attempt has been made to create a hybridtype of treaty to hold MNCs accountable for fundamental human rights obligations.48|Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children