英文摘要 |
Currently, whether home states should bear the extraterritorial human rights obligations to regulate the transnational corporations is still a controversial issue among scholar. The theory of the extraterritorial human rights obligation of home states is based on“the horizontal effect of human rights" and“extraterritorial jurisdiction of international human rights treaties". Concretely speaking, human rights protection is not only directed against human rights violation by states at the longitudinal level, but also addressing human rights aggression by private actors at the horizontal level, which means states have an obligations of state should not be limited to territory, but should be extended to the territories or individual of other states under its jurisdiction. The identification of“jurisdiction"requires a sufficiently tangible link between home state and individual right-holder, so that states could impose actual power on the right-holder. The acquiescence or connivance of the home states in the acts of transnational corporations which violate the rights of individuals may eventually engage that state’s responsibility under the international human rights treaty. |