Research Handbook on Human Rights and Investment
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Research Handbook on Human Rights and Investment

Edited by Yannick Radi

The interplay between human rights and investments is a key and complex issue in today’s world. To take stock of this importance and to tackle this complexity, this Research Handbook offers a unique multi-faceted approach. It gathers in-depth contributions which focus on the interplay between human rights and investments in various international legal regimes, economic sectors and regions. It also provides thorough analyses of the various types of accountability that may result from the activities of multinational corporations in relation to human rights. This Research Handbook is intended for practitioners, policy-makers, academics and students eager to understand the interaction between human rights and investments in all its dimensions.​
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Chapter 10: Extraterritorial responsibility of the home States for MNCs’ violations of human rights

Antal Berkes

Abstract

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.

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