Extraterritoriality: Outstanding Aspects
Francisco Javier Zamora Cabot, Jaume I University
(in) Francisco Javier Zamora Cabot, Lukas Heckendorn Urscheler, Stéphanie De Dycker (eds), "Implementing the U.N. Guiding Principles on Business and Human Rights", Schulthess Verlag, Publications de l'Institut suisse de droit comparé n. 81, Zürich 2017, p. 77 - 92 (ISBN: 978-3-7255-8661-5)
Abstract: For some time, the changing concept of extraterritoriality has been associated in a variety of ways with the international protection of Human Rights. It is, for example, linked to efforts to make the reparation mechanisms of the UN’s Guiding Principles accessible. Similarly, the notion is relevant to the States’ formal Extraterritorial Obligations (ETOS), which pressure States to fulfil the framework established in the International Covenant on Economic, Social and Cultural Rights. In both cases, the volume and quality of the technical contributions that have been produced are remarkable and worth taking into consideration.
In the context of this contribution and its focus on private international law, I will however limit my remarks to this particular field. In Section I, I will address questions that are arising in the United States following the US Supreme Court’s decision in the Kiobel case. Following that, in Section II, I will introduce a cross section of extraterritorial laws that particularly impact the fields under consideration here – corporations and human rights – before summing up with some concluding remarks.
Table of Contents: 1. Introduction - 2. Kiobel’s “Touch and Concern” Imbroglio - 3. Examples of Extraterritorial Rules - 4. Conclusions - Bibliography.