Extraterritorial Jurisdiction under the Active Nationality Principle - A Tool to Enhance Transnational Corporations Accountability for Human Rights Abuses? : The Right of States to Exercise Nationality-Based Extraterritorial Jurisdiction over Transnational Corporations in the Field of Human Rights
The research question of this thesis is if and to what extent international does international law allow home states to exercise extraterritorial jurisdiction over the TNCs in order to enforce internationally acknowledged corporate human rights standards in host states. In the first part the thesis discusses which corporate human rights standards derive from international law. This analysis is limited to standards deriving from the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic Social and Cultural Rights (ICESCR), customary law and jus cogens (for the purpose of this thesis conceived as being part of customary law). In the second part the thesis analyses if and to what extent international law allows home states of TNCs to exercise extraterritorial jurisdiction over TNCs aiming at enforcement of internationally acknowledged corporate human rights standards in a host state. The discussion is limited to extraterritorial jurisdiction which is based on the internationally acknowledged active nationality principle . The second part of the thesis starts with an analysis of this principle. In this context the thesis discusses under which circumstances a home state can assert corporate nationality of a TNC entity. Subsequently, the thesis identifies the limitations international law provides for extraterritorial jurisdiction. Particular focus are the limitations deriving from the sovereignty of the host states. In a second step the identified limitations are applied to a predefined thesis scenario . For this purpose this thesis scenario is split up in several sub-scenarios. The analysis of the limitations which international law provides for extraterritorial jurisdiction are approached by two different perspectives: The perspective of the classical doctrine on international jurisdiction and a human rights perspective.