Beyond the 100 acre wood: In which international human rights law finds new ways to tame global corporate power

Daniel Augenstein, David Kinley

Research output: Contribution to journalArticleScientificpeer-review

Abstract

States and corporations are being forced out of their comfort zones. A consensus is building among international human rights courts and committees that states can and will be held accountable for overseas human rights abuses by corporations domiciled in their respective territories. The authors suggest that this development is rooted in a transition from a territory-based to a subject-based approach to human rights obligations that de-centres international human rights law from state territory. In this article, they construct a conceptual framework for understanding how and why this is happening and articulate what are and will be the consequences for the theory and practice of international human rights law.
Original languageEnglish
Pages (from-to)828-848
Number of pages21
JournalThe International Journal of Human Rights
Volume19
Issue number6
Publication statusPublished - 2015

Fingerprint

human rights
Law
corporation
overseas
obligation
abuse

Keywords

  • human rights
  • globalisation
  • human rights and business
  • public-private divide
  • extraterritorial
  • UN Guiding Principles on Business and Human Rights
  • multi-national corporation

Cite this

@article{f2e9e8f6359243c8ad576e9b49ccd35b,
title = "Beyond the 100 acre wood: In which international human rights law finds new ways to tame global corporate power",
abstract = "States and corporations are being forced out of their comfort zones. A consensus is building among international human rights courts and committees that states can and will be held accountable for overseas human rights abuses by corporations domiciled in their respective territories. The authors suggest that this development is rooted in a transition from a territory-based to a subject-based approach to human rights obligations that de-centres international human rights law from state territory. In this article, they construct a conceptual framework for understanding how and why this is happening and articulate what are and will be the consequences for the theory and practice of international human rights law.",
keywords = "human rights, globalisation, human rights and business, public-private divide, extraterritorial, UN Guiding Principles on Business and Human Rights, multi-national corporation",
author = "Daniel Augenstein and David Kinley",
year = "2015",
language = "English",
volume = "19",
pages = "828--848",
journal = "The International Journal of Human Rights",
issn = "1744-053X",
publisher = "Taylor & Francis",
number = "6",

}

Beyond the 100 acre wood : In which international human rights law finds new ways to tame global corporate power. / Augenstein, Daniel; Kinley, David .

In: The International Journal of Human Rights, Vol. 19, No. 6, 2015, p. 828-848.

Research output: Contribution to journalArticleScientificpeer-review

TY - JOUR

T1 - Beyond the 100 acre wood

T2 - In which international human rights law finds new ways to tame global corporate power

AU - Augenstein, Daniel

AU - Kinley, David

PY - 2015

Y1 - 2015

N2 - States and corporations are being forced out of their comfort zones. A consensus is building among international human rights courts and committees that states can and will be held accountable for overseas human rights abuses by corporations domiciled in their respective territories. The authors suggest that this development is rooted in a transition from a territory-based to a subject-based approach to human rights obligations that de-centres international human rights law from state territory. In this article, they construct a conceptual framework for understanding how and why this is happening and articulate what are and will be the consequences for the theory and practice of international human rights law.

AB - States and corporations are being forced out of their comfort zones. A consensus is building among international human rights courts and committees that states can and will be held accountable for overseas human rights abuses by corporations domiciled in their respective territories. The authors suggest that this development is rooted in a transition from a territory-based to a subject-based approach to human rights obligations that de-centres international human rights law from state territory. In this article, they construct a conceptual framework for understanding how and why this is happening and articulate what are and will be the consequences for the theory and practice of international human rights law.

KW - human rights

KW - globalisation

KW - human rights and business

KW - public-private divide

KW - extraterritorial

KW - UN Guiding Principles on Business and Human Rights

KW - multi-national corporation

M3 - Article

VL - 19

SP - 828

EP - 848

JO - The International Journal of Human Rights

JF - The International Journal of Human Rights

SN - 1744-053X

IS - 6

ER -