Book contents
- Due Diligence Obligations in International Human Rights Law
- Due Diligence Obligations in International Human Rights Law
- Copyright page
- Contents
- Acknowledgments
- Abbreviations
- Introduction
- 1 Why to Analyze State Responsibility for Human Rights Violations: The Flawed Debate on Direct Human Rights Obligations for Non-State Actors
- 2 Establishing State Responsibility for Human Rights Violations: Proposal for a Conduct-Based Typology of Human Rights Obligations
- 3 The Origins of Due Diligence in International Law
- 4 The Components of the Due Diligence Standard
- 5 Lessons to Be Learned from the Application of Due Diligence Obligations in Other Fields of International Law
- 6 Applying the Due Diligence Framework to the Field of Human Rights Protection
- 7 A Case for Extraterritorial Due Diligence Obligations in the Human Rights Context
- Summary and Outlook
- Index
7 - A Case for Extraterritorial Due Diligence Obligations in the Human Rights Context
Published online by Cambridge University Press: 05 February 2021
- Due Diligence Obligations in International Human Rights Law
- Due Diligence Obligations in International Human Rights Law
- Copyright page
- Contents
- Acknowledgments
- Abbreviations
- Introduction
- 1 Why to Analyze State Responsibility for Human Rights Violations: The Flawed Debate on Direct Human Rights Obligations for Non-State Actors
- 2 Establishing State Responsibility for Human Rights Violations: Proposal for a Conduct-Based Typology of Human Rights Obligations
- 3 The Origins of Due Diligence in International Law
- 4 The Components of the Due Diligence Standard
- 5 Lessons to Be Learned from the Application of Due Diligence Obligations in Other Fields of International Law
- 6 Applying the Due Diligence Framework to the Field of Human Rights Protection
- 7 A Case for Extraterritorial Due Diligence Obligations in the Human Rights Context
- Summary and Outlook
- Index
Summary
The seventh chapter addresses extraterritorial due diligence obligations which impose upon capable states a duty to regulate harmful conduct of non-state actors operating abroad. In a first step, the chapter explains that such obligations are not generally incompatible with international law and do not infringe upon the principle of non-intervention. It is further suggested that they could even be qualified as mandatory under certain circumstances and states should diligently regulate extraterritorial conduct where they have a sufficient jurisdictional nexus. The chapter concludes with an investigation of two extraterritorial constellations in which such obligations could contribute to more effective human rights protection: the trade of arms and the activities of multinational corporations. Recent examples of domestic legislation such as the 2017 French Law on Duty of Care underline that state practice is emerging which supports the claim for accepting extraterritorial human rights obligations and provides guidance for future action.
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- Due Diligence Obligations in International Human Rights Law , pp. 258 - 321Publisher: Cambridge University PressPrint publication year: 2021