Corporate Human Rights Violations: A Case for Extraterritorial Regulation
Handbook of the Philosophical Foundations of Business Ethics, pp. 1077-1090, Christoph Luetge, ed., Dordrecht; New York: Springer, 2012
14 Pages Posted: 4 Jan 2013
Date Written: January 3, 2013
Abstract
This chapter highlights why the current territorial model of regulating corporate human rights abuses is inadequate to deal effectively with modern violations of human rights by companies that operate at a transnational level. It is contended that a case can be made for extraterritorial regulation without doing too much violence to the well-established principles of international law. Therefore, states, especially the home states of multinationals, should show the required political will in introducing suitable extraterritorial measures to enhance corporate compliance with their human rights responsibilities. By doing so, they would be fulfilling a collective goal agreed upon by the international community.
Keywords: corporate human rights violations, extraterritorial regulation, duty of states, principles of jurisdiction, nationality principle, universal jurisdiction, non-intervention, territorial sovereignty, forum non conveniens
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