Abstract

http://ssrn.com/abstract=2149921
 


 



When Human Rights ‘Responsibilities’ become ‘Duties’: The Extra-Territorial Obligations of States that Bind Corporations


Daniel Augenstein


Tilburg University

David Kinley


University of Sydney - Faculty of Law

2013

HUMAN RIGHTS OBLIGATIONS OF BUSINESS: BEYOND THE CORPORATE RESPONSIBILITY TO RESPECT? D. Bilchitz & S. Deva, eds., Cambridge University Press, 2013
Sydney Law School Research Paper No. 12/71

Abstract:     
This essay addresses two critical, intersecting, questions regarding the legal status of responsibility for corporate abuses of human rights standards as portrayed in the UN’s Business and Human Rights Framework and Guiding Principles. One relates to the obligations of states to regulate corporations in this respect, and the other to the extent that they can and must do so extra-territorially. By reconstructing the nature of the relationship between the first and the second pillar of the UN Framework, combined with a critique of the relationship between the authority under general international law for a state to regulate corporate behavior extra-territorially (the ‘permissive question’), and the obligation for it to do so under international human rights laws (the ‘prescriptive question’) the authors reach the following conclusion. That in order for a state to comply fully with its human rights obligations under international law, it must ensure the protection of human rights to those who fall within its jurisdiction, whether inside or outside its territorial boundaries, and against threats to their rights, whether from state or non-state actors over which the state has jurisdiction.

Number of Pages in PDF File: 23

Keywords: corporations, international human rights law, extra-territorial jurisdiction, UN business and human rights framework

JEL Classification: K10, K30, K33

Accepted Paper Series


Download This Paper

Date posted: September 20, 2012 ; Last revised: February 14, 2013

Suggested Citation

Augenstein, Daniel and Kinley, David, When Human Rights ‘Responsibilities’ become ‘Duties’: The Extra-Territorial Obligations of States that Bind Corporations (2013). HUMAN RIGHTS OBLIGATIONS OF BUSINESS: BEYOND THE CORPORATE RESPONSIBILITY TO RESPECT? D. Bilchitz & S. Deva, eds., Cambridge University Press, 2013; Sydney Law School Research Paper No. 12/71. Available at SSRN: http://ssrn.com/abstract=2149921

Contact Information

Daniel Augenstein
Tilburg University ( email )
P.O. Box 90153
Tilburg, DC 5000 LE
Netherlands
David Kinley (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 1,088
Downloads: 345
Download Rank: 46,239

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.344 seconds