Responsibility Beyond Borders: State Responsibility for Extraterritorial Violations by Corporations of International Human Rights Law

28 Pages Posted: 9 Jul 2007

See all articles by Robert McCorquodale

Robert McCorquodale

British Institute of International and Comparative Law; University of Nottingham

Penelope C. Simons

Faculty of Common Law, University of Ottawa

Abstract

States routinely provide support and assistance to their corporate nationals in their global trade and investment ventures. While states may not intend to allow corporate nationals to violate human rights in their extraterritorial operations, by their actions or omissions, states may facilitate, or otherwise contribute to, a situation in which such violations by a corporation occur. This article investigates the extent to which the extraterritorial activities of transnational corporations (TNCs) that violate international human rights law can give rise to home state responsibility. The analysis shows that home states of TNCs have obligations under international law in certain situations to regulate the extraterritorial activities of corporate nationals or the latter's foreign subsidiaries and can incur international responsibility where they fail to do so.

Suggested Citation

McCorquodale, Robert and Simons, Penelope C., Responsibility Beyond Borders: State Responsibility for Extraterritorial Violations by Corporations of International Human Rights Law. Modern Law Review, Vol. 70, No. 4, pp. 598-625, July 2007. Available at SSRN: https://ssrn.com/abstract=998664 or http://dx.doi.org/10.1111/j.1468-2230.2007.00654.x

Robert McCorquodale (Contact Author)

British Institute of International and Comparative Law ( email )

Charles Clore House
17 Russell Square
London WC1B 5JP
United Kingdom

HOME PAGE: http://www.biicl.org

University of Nottingham ( email )

University Park
Nottingham NG7 2RD
United Kingdom

Penelope C. Simons

Faculty of Common Law, University of Ottawa ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

HOME PAGE: http://www.commonlaw.uottawa.ca

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