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

See all articles by Surya Deva

Surya Deva

City University of Hong Kong

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

Suggested Citation

Deva, Surya, Corporate Human Rights Violations: A Case for Extraterritorial Regulation (January 3, 2013). Handbook of the Philosophical Foundations of Business Ethics, pp. 1077-1090, Christoph Luetge, ed., Dordrecht; New York: Springer, 2012, Available at SSRN: https://ssrn.com/abstract=2195887

Surya Deva (Contact Author)

City University of Hong Kong ( email )

School of Law
83 Tat Chee Avenue
Kowloon Tong
Hong Kong

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