Is an International Corporate Human Rights liability framework needed? An Economic Power, Business and Human Rights, and American Extraterritorial Jurisdiction analysis
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| Format: | Artículo científico |
| Sprache: | en |
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Universidad de Medellín
2013
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| _version_ | 1876426388795293696 |
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| author | Carlos Arevalo |
| author_facet | Carlos Arevalo |
| contents | Is an International Corporate Human Rights liability framework needed? An Economic Power, Business and Human Rights, and American Extraterritorial Jurisdiction analysis Carlos Arevalo Derecho Corporate Liability Business and Human Rights Foreign Direct Investment Aliens Tort Claim Act (ATCA) Extraterritorial Jurisdiction Abstract All companies, regardless of the sector they belong to, can positively or negatively impact human rights. Governments are increasingly aware of the benefits that free trade brings their nations, which has led them to do whatever is necessary to attract foreign investment, even if it means to act against the interests of their own people. The power relationship between corporations and states generates a tension derived from their nature: while the objective of states is the welfare of its members, the purpose of corporations is profit. It is in the crack generated by the collision of powers and purposes between these two actors, that this article is intended to raise the discussion on the need to establish an international framework for corporate liability for human rights violations. To achieve its goal, the article will analyze the opportunities and obstacles raised by the exercise of extraterritorial jurisdiction in the American context and its relationship with the developments in the business and human rights field. 2013 artículo científico 1692-2530 https://www.redalyc.org/articulo.oa?id=94530028007 en http://www.redalyc.org/revista.oa?id=945 Opinión Jurídica application/pdf Universidad de Medellín Opinión Jurídica (Colombia) Num.24 Vol.12 |
| format | Artículo científico |
| id | redalyc_94530028007 |
| institution | Redalyc |
| language | en |
| publishDate | 2013 |
| publisher | Universidad de Medellín |
| spellingShingle | Is an International Corporate Human Rights liability framework needed? An Economic Power, Business and Human Rights, and American Extraterritorial Jurisdiction analysis Carlos Arevalo Derecho Corporate Liability Business and Human Rights Foreign Direct Investment Aliens Tort Claim Act (ATCA) Extraterritorial Jurisdiction Is an International Corporate Human Rights liability framework needed? An Economic Power, Business and Human Rights, and American Extraterritorial Jurisdiction analysis Carlos Arevalo Derecho Corporate Liability Business and Human Rights Foreign Direct Investment Aliens Tort Claim Act (ATCA) Extraterritorial Jurisdiction Abstract All companies, regardless of the sector they belong to, can positively or negatively impact human rights. Governments are increasingly aware of the benefits that free trade brings their nations, which has led them to do whatever is necessary to attract foreign investment, even if it means to act against the interests of their own people. The power relationship between corporations and states generates a tension derived from their nature: while the objective of states is the welfare of its members, the purpose of corporations is profit. It is in the crack generated by the collision of powers and purposes between these two actors, that this article is intended to raise the discussion on the need to establish an international framework for corporate liability for human rights violations. To achieve its goal, the article will analyze the opportunities and obstacles raised by the exercise of extraterritorial jurisdiction in the American context and its relationship with the developments in the business and human rights field. 2013 artículo científico 1692-2530 https://www.redalyc.org/articulo.oa?id=94530028007 en http://www.redalyc.org/revista.oa?id=945 Opinión Jurídica application/pdf Universidad de Medellín Opinión Jurídica (Colombia) Num.24 Vol.12 |
| title | Is an International Corporate Human Rights liability framework needed? An Economic Power, Business and Human Rights, and American Extraterritorial Jurisdiction analysis |
| topic | Derecho Corporate Liability Business and Human Rights Foreign Direct Investment Aliens Tort Claim Act (ATCA) Extraterritorial Jurisdiction |
| url | https://www.redalyc.org/articulo.oa?id=94530028007 |