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Enhancing Corporate Accountability for Human Rights Violations: Is Extraterritoriality the Magic Potion?

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  • Nadia Bernaz

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. Copyright Springer Science+Business Media Dordrecht 2013

Suggested Citation

  • Nadia Bernaz, 2013. "Enhancing Corporate Accountability for Human Rights Violations: Is Extraterritoriality the Magic Potion?," Journal of Business Ethics, Springer, vol. 117(3), pages 493-511, October.
    • Handle: RePEc:kap:jbuset:v:117:y:2013:i:3:p:493-511
    DOI: 10.1007/s10551-012-1531-z
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    References listed on IDEAS

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    1. McCrudden, Christopher, 1999. "International Economic Law and the Pursuit of Human Rights: A Framework for Discussion of the Legality of 'Selective Purchasing' Laws under the WTO Government Procurement Agreement," Journal of International Economic Law, Oxford University Press, vol. 2(1), pages 3-48, March.
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    Cited by:

    1. Marisa McVey & John Ferguson & François-Régis Puyou, 2023. "“Traduttore, Traditore?” Translating Human Rights into the Corporate Context," Journal of Business Ethics, Springer, vol. 182(3), pages 573-596, January.
    2. Scott A. Hipsher, 2021. "Tourism in Thailand: Exploitation or Opportunity?," International Journal of Asian Business and Information Management (IJABIM), IGI Global, vol. 12(3), pages 26-42, July.
    3. Judith Schrempf-Stirling, 2018. "State Power: Rethinking the Role of the State in Political Corporate Social Responsibility," Journal of Business Ethics, Springer, vol. 150(1), pages 1-14, June.
    4. Lopatta, Kerstin & Tideman, Sebastian A. & Scheil, Carolin & Makarem, Naser, 2023. "The current state of corporate human rights disclosure of the global top 500 business enterprises: Measurement and determinants," CRITICAL PERSPECTIVES ON ACCOUNTING, Elsevier, vol. 96(C).
    5. Judith Schrempf-Stirling & Florian Wettstein, 2017. "Beyond Guilty Verdicts: Human Rights Litigation and its Impact on Corporations’ Human Rights Policies," Journal of Business Ethics, Springer, vol. 145(3), pages 545-562, October.
    6. Bose, Purabi, 2023. "Equitable land-use policy? Indigenous peoples’ resistance to mining-induced deforestation," Land Use Policy, Elsevier, vol. 129(C).
    7. Alexander Buhmann & Johannes Paßmann & Christian Fieseler, 2020. "Managing Algorithmic Accountability: Balancing Reputational Concerns, Engagement Strategies, and the Potential of Rational Discourse," Journal of Business Ethics, Springer, vol. 163(2), pages 265-280, May.
    8. Walaa Wahid ElKelish*, 2023. "Accounting for Corporate Human Rights: Literature Review and Future Insights," Australian Accounting Review, CPA Australia, vol. 33(2), pages 203-226, June.

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