7 - A Case for Extraterritorial Due Diligence Obligations in the Human Rights Context

Summary

The seventh chapter addresses extraterritorial due diligence obligations which impose upon capable states a duty to regulate harmful conduct of non-state actors operating abroad. In a first step, the chapter explains that such obligations are not generally incompatible with international law and do not infringe upon the principle of non-intervention. It is further suggested that they could even be qualified as mandatory under certain circumstances and states should diligently regulate extraterritorial conduct where they have a sufficient jurisdictional nexus. The chapter concludes with an investigation of two extraterritorial constellations in which such obligations could contribute to more effective human rights protection: the trade of arms and the activities of multinational corporations. Recent examples of domestic legislation such as the 2017 French Law on Duty of Care underline that state practice is emerging which supports the claim for accepting extraterritorial human rights obligations and provides guidance for future action.