The Home State Duty to Regulate the Human Rights Impacts of TNCs Abroad
A Rebuttal
Bibliographic Data
| ID | 13019347 |
|---|---|
| Authors | Claire Methven O’brien (0000-0002-3225-7033, corresponding author) |
| Year | 2018 |
| Volume | 3 |
| Issue | 1 |
| Pages | 47-73 |
| Publication date | 2018-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Business and Human Rights Journal (JOURNAL) |
| Journal identifiers | ISSN: 2057-0198 • E-ISSN: 2057-0201 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/bhj.2017.29 |
| OpenAlex | W2790955425 |
| Language | EN |
| Citations received | 9 |
| References cited | 14 |
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
Business · Duty · Duty to protect · Economics · Extraterritoriality · Human rights · International human rights law · International law · Jurisdiction · Law and economics · Political science · Rebuttal · Scope (computer science · State (computer science · Corporate Law and Human Rights · International Arbitration and Investment Law · International Law and Human Rights · Law
Extraterritorial Sanctions, Transnational Corporate Activity, and State’s Duty to Protect
Transcending the Binary
Opportunity and impasse
Business and Human Rights
Relations of Ruling
Guiding principles on business and human rights
State's responsibility for business-related human rights violations in the light of the Strasbourg Court's case-law
Corporate accountability and diplomatic liability in overseas extractive projects
The Rise of Private Military and Security Companies in European Union Migration Policies
| Citations per year | 1.13 |
|---|---|
| Citation span | 2018 - 2021 (4) |
| Highly cited | No |