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2 results

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

  • Maria Monnheimer
  • Book:
    Due Diligence Obligations in International Human Rights Law
    Published online:
    05 February 2021
    Print publication:
    18 February 2021, pp 258-321

  • 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.

Due Diligence Obligations in International Human Rights Law
  • Maria Monnheimer
  • Published online:
    05 February 2021
    Print publication:
    18 February 2021
  • With the importance of non-State actors ever increasing, the traditional State-centric approach of international law is being put to the test. In particular, significant accountability lacunae have emerged in the field of human rights protection. To address these challenges, this book makes a case for extraterritorial due diligence obligations of States in international human rights law. It traces back how due diligence obligations evolved on the international plane and develops a general analytical framework making the broad and vague notion of due diligence more approachable. The framework is applied to different fields of international law which provides guidance on how due diligence obligations can be better conceptualized. Drawing inspiration from these developments, the book analyses how extraterritorial human rights due diligence obligations could operate in practice and foster global human rights protection.