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Holding States Responsible for National Corporates’ Extraterritorial Human Rights Violations: Possibility or Absurdity?
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Theology, Department of Theology.
2019 (English)Independent thesis Advanced level (degree of Master (Two Years)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

Almost four decades have passed since the European Court of Human Rights introduced the concept of positive obligations. Positive obligations mean that the member states must take affirmative action in order to secure the rights and freedoms provided for by the European Convention on Human Rights. Since then, the scope of positive obligations has extended tremendously, and today all substantive rights generally contain positive obligations. The reason behind the development is to maintain the full effectiveness of human rights enforcement within the European context, and it has been enabled, inter alia, through dynamic interpretation and because the European Convention on Human Rights is considered a living instrument.  The fact that European companies operating transnationally, i.e. in a non-European context, sometimes through its commercial activities violates human rights has given rise to discussion in legal doctrine on whether the scope of positive obligations should be further extended so that the member states to the European Convention on Human Rights will incur state responsibility for national corporates’ extraterritorial human rights violations. Thus, the purpose of the thesis is to examine whether the European Court of Human Rights can and should proceed with such expansion. An expansion creates methodological and technical problems as it challenges the traditional notion of jurisdiction, however, it is not impossible. Whatever the European Court of Human Rights will decide to do, the thesis will provide arguments both for why home state responsibility for national corporates’ extraterritorial activities that violates human rights can and should be imposed, as well for why it is beyond its (the European Court of Human Rights) competence.

Place, publisher, year, edition, pages
2019.
Keywords [en]
International Human Rights Law, European Convention on Human Rights, Extraterritorial Jurisdiction, Positive Obligations, Extraterritorial Obligations, State Responsibility, Non-State Actors, Corporations
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-384811OAI: oai:DiVA.org:uu-384811DiVA, id: diva2:1321704
Educational program
Master Programme in Human Rights
Supervisors
Examiners
Available from: 2019-06-10 Created: 2019-06-09 Last updated: 2019-06-10Bibliographically approved

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CiteExportLink to record
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Citation style
  • apa
  • ieee
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Language
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  • en-US
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  • Other locale
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Output format
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