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Berkes, Antal --- "Extraterritorial responsibility of the home States for MNCs’ violations of human rights" [2018] ELECD 1218; in Radi, Yannick (ed), "Research Handbook on Human Rights and Investment" (Edward Elgar Publishing, 2018) 304

Book Title: Research Handbook on Human Rights and Investment

Editor(s): Radi, Yannick

Publisher: Edward Elgar Publishing

ISBN: 9781782549116

Section: Chapter 10

Section Title: Extraterritorial responsibility of the home States for MNCs’ violations of human rights

Author(s): Berkes, Antal

Number of pages: 40

Abstract/Description:

Beyond the host State, the home State too has international obligations to regulate the activities of its corporate nationals when they conduct economic activities overseas. These obligations are ‘extraterritorial’ in the sense that they are triggered by acts and omissions of the State authorities performed or producing effects outside their own territory. The chapter focuses on the home State’s responsibility for violating its obligations under international human rights law with regard to the activities of corporate nationals abroad. It demonstrates that recent State practice reveals a progressive evolution of positive international law towards the duty of home States to offer protection from the harmful conduct of their corporate nationals acting abroad.