Conceptualizing the Home State Duty to Protect Human Rights

CORPORATE SOCIAL AND HUMAN RIGHTS RESPONSIBILITIES: GLOBAL LEGAL AND MANAGEMENT PERSPECTIVES, Karin Buhmann, Lynn Roseberry, Mette Morsing, eds., Macmillan, 2010

32 Pages Posted: 24 Dec 2010 Last revised: 25 May 2016

See all articles by Sara L. Seck

Sara L. Seck

Dalhousie University - Schulich School of Law

Date Written: 2010

Abstract

The state duty to protect human rights from abuses by non-state actors including business is one of the three differentiated but complementary pillars that make up the UN Protect, Respect, Remedy Framework for Business and Human Rights. Yet the jurisdictional scope of the duty to protect is disputed. This chapter explores both the permissibility of home state regulation under jurisdictional principles of public international law and the existence of home state obligations to regulate and adjudicate transnational corporations to prevent and remedy human rights violations. Properly understood, the state duty to protect applies to all executive, legislative and judicial organs of government that are involved in creating and supporting the global economic order and thus the conduct of transnational corporations. The chapter concludes by briefly evaluating whether mandating compliance with the United Nations Principles of Responsible Investment could serve to fulfill the state duty to protect.

Keywords: international law, business, human rights

Suggested Citation

Seck, Sara L., Conceptualizing the Home State Duty to Protect Human Rights (2010). CORPORATE SOCIAL AND HUMAN RIGHTS RESPONSIBILITIES: GLOBAL LEGAL AND MANAGEMENT PERSPECTIVES, Karin Buhmann, Lynn Roseberry, Mette Morsing, eds., Macmillan, 2010. Available at SSRN: https://ssrn.com/abstract=1729930

Sara L. Seck (Contact Author)

Dalhousie University - Schulich School of Law ( email )

Halifax, Nova Scotia B3H 4R2
Canada

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