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The Home State Duty to Regulate the Human Rights Impacts of TNCs Abroad: A Rebuttal
- Source :
- Business and Human Rights Journal. 3:47-73
- Publication Year :
- 2018
- Publisher :
- Cambridge University Press (CUP), 2018.
-
Abstract
- Scholars have suggested that ‘home’ states of transnational corporations (TNCs) have a legal duty to protect against human rights abuses occurring in ‘host’ states that may be breached by failure to regulate TNCs’ extraterritorial activities. This article challenges the claim that such a duty of home states to regulate TNCs’ extraterritorial human rights impacts can be said currently to exist as a matter of law. The article first summarizes the general structure of arguments made in favour of such a ‘home state duty to regulate’. It then considers the foundations and meanings of extraterritorial jurisdiction in public international law and international human rights law; requirements and conditions of attribution and state responsibility for the conduct of non-state actors; and the scope and limits of ‘positive obligations’ to ensure the effective enjoyment of human rights, domestically and extraterritorially, as they relate to prevention of human rights abuses by TNCs.
- Subjects :
- 050502 law
Extraterritoriality
Sociology and Political Science
Human rights
media_common.quotation_subject
05 social sciences
Positive obligations
06 humanities and the arts
0603 philosophy, ethics and religion
Public international law
International human rights law
Political science
Industrial relations
Extraterritorial jurisdiction
060301 applied ethics
Business and International Management
State responsibility
Law
Duty
0505 law
Law and economics
media_common
Subjects
Details
- ISSN :
- 20570201 and 20570198
- Volume :
- 3
- Database :
- OpenAIRE
- Journal :
- Business and Human Rights Journal
- Accession number :
- edsair.doi...........45828698fe6324587ab562ea0b7e9857