A HOME STATE DUTY TO PROTECT IN BUSINESS AND HUMAN RIGHTS THROUGH THE PRISM OF EXTRATERRITORIAL JURISDICTION
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Abstract
Host states of transnational corporations are often unwilling and unable to exercise their duty to protect individuals from business-related human rights violations. Attributing an extraterritorial duty to protect to the home states of transnational corporations could realistically contribute towards a more robust system of human rights protections. This paper discusses the permissibility of an extraterritorial duty to protect under public international law and the potential emergence of such an obligation under international human rights law. It relies on the concept of extraterritorial jurisdiction to address both. In view thereof, it also introduces a novel basis of extraterritorial jurisdiction, a so-called cause-and-effect jurisdiction, under which an extraterritorial home state duty to protect is tenable.
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