Staff Publications

Staff Publications

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    'Staff publications' is the digital repository of Wageningen University & Research

    'Staff publications' contains references to publications authored by Wageningen University staff from 1976 onward.

    Publications authored by the staff of the Research Institutes are available from 1995 onwards.

    Full text documents are added when available. The database is updated daily and currently holds about 240,000 items, of which 72,000 in open access.

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Record number 561429
Title Enhancing Corporate Accountability for Human Rights Violations : Is Extraterritoriality the Magic Potion?
Author(s) Bernaz, Nadia
Source Journal of Business Ethics 117 (2013)3. - ISSN 0167-4544 - p. 493 - 511.
DOI https://doi.org/10.1007/s10551-012-1531-z
Publication type Refereed Article in a scientific journal
Publication year 2013
Keyword(s) Accountability - Alien Tort Statute - Business and human rights - Export credit - Extraterritoriality - International human rights law - Procurement - Reporting - Stock exchange - United Nations
Abstract

The United Nations Guiding Principles on Business and Human Rights, resulting from the work of John Ruggie and his team, largely depend on state action and corporate good will for their implementation. One increasingly popular way for states to prevent and redress violations of human rights committed by companies outside their country of registration is to adopt measures with extraterritorial implications, some of which are presented in the article, or to assert direct extraterritorial jurisdiction in specific instances. Some United Nations human rights bodies and non-governmental organisations are clearly supporting the use of extraterritoriality and have argued that international human rights law places an obligation on states to embrace extraterritoriality so as to better control the activities of companies registered on their territories. In this context, the article aims to determine whether extraterritoriality is the magic potion that will help enhance corporate accountability for human rights violations committed overseas. The article explores whether such obligation exists and, beyond this, whether extraterritoriality should be further encouraged.

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