IS AN INTERNATIONAL CORPORATE HUMAN RIGHTS LIABILITY FRAMEWORK NEEDED? AN ECONOMIC POWER, BUSINESS AND HUMAN RIGHTS, AND AMERICAN EXTRATERRITORIAL JURISDICTION ANALYSIS

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 ag...

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Main Author: Carlos Arevalo
Format: Article
Language:English
Published: Sello Editorial Universidad de Medellín 2013-11-01
Series:Opinión Jurídica
Subjects:
Online Access:http://revistas.udem.edu.co/index.php/opinion/article/view/724/665
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author Carlos Arevalo
author_facet Carlos Arevalo
author_sort Carlos Arevalo
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description 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.
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spelling doaj.art-52a80e3c17ea47a09f80e57328c7979c2022-12-21T19:27:12ZengSello Editorial Universidad de MedellínOpinión Jurídica1692-25301692-25302013-11-011224101118IS AN INTERNATIONAL CORPORATE HUMAN RIGHTS LIABILITY FRAMEWORK NEEDED? AN ECONOMIC POWER, BUSINESS AND HUMAN RIGHTS, AND AMERICAN EXTRATERRITORIAL JURISDICTION ANALYSISCarlos Arevalo0Universidad de La SabanaAll 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.http://revistas.udem.edu.co/index.php/opinion/article/view/724/665Business and Human RightsCorporate LiabilityForeign Direct InvestmentExtraterritorial JurisdictionAliens Tort Claim Act (ATCA)
spellingShingle Carlos Arevalo
IS AN INTERNATIONAL CORPORATE HUMAN RIGHTS LIABILITY FRAMEWORK NEEDED? AN ECONOMIC POWER, BUSINESS AND HUMAN RIGHTS, AND AMERICAN EXTRATERRITORIAL JURISDICTION ANALYSIS
Opinión Jurídica
Business and Human Rights
Corporate Liability
Foreign Direct Investment
Extraterritorial Jurisdiction
Aliens Tort Claim Act (ATCA)
title IS AN INTERNATIONAL CORPORATE HUMAN RIGHTS LIABILITY FRAMEWORK NEEDED? AN ECONOMIC POWER, BUSINESS AND HUMAN RIGHTS, AND AMERICAN EXTRATERRITORIAL JURISDICTION ANALYSIS
title_full IS AN INTERNATIONAL CORPORATE HUMAN RIGHTS LIABILITY FRAMEWORK NEEDED? AN ECONOMIC POWER, BUSINESS AND HUMAN RIGHTS, AND AMERICAN EXTRATERRITORIAL JURISDICTION ANALYSIS
title_fullStr IS AN INTERNATIONAL CORPORATE HUMAN RIGHTS LIABILITY FRAMEWORK NEEDED? AN ECONOMIC POWER, BUSINESS AND HUMAN RIGHTS, AND AMERICAN EXTRATERRITORIAL JURISDICTION ANALYSIS
title_full_unstemmed IS AN INTERNATIONAL CORPORATE HUMAN RIGHTS LIABILITY FRAMEWORK NEEDED? AN ECONOMIC POWER, BUSINESS AND HUMAN RIGHTS, AND AMERICAN EXTRATERRITORIAL JURISDICTION ANALYSIS
title_short IS AN INTERNATIONAL CORPORATE HUMAN RIGHTS LIABILITY FRAMEWORK NEEDED? AN ECONOMIC POWER, BUSINESS AND HUMAN RIGHTS, AND AMERICAN EXTRATERRITORIAL JURISDICTION ANALYSIS
title_sort is an international corporate human rights liability framework needed an economic power business and human rights and american extraterritorial jurisdiction analysis
topic Business and Human Rights
Corporate Liability
Foreign Direct Investment
Extraterritorial Jurisdiction
Aliens Tort Claim Act (ATCA)
url http://revistas.udem.edu.co/index.php/opinion/article/view/724/665
work_keys_str_mv AT carlosarevalo isaninternationalcorporatehumanrightsliabilityframeworkneededaneconomicpowerbusinessandhumanrightsandamericanextraterritorialjurisdictionanalysis