law, business and human rights in international law; neo-colonialism.

1. Extraterritoriality and the
Construction of International
Governance Frameworks for
Business and Human Rights
Nabih Haddad
Master’s candidate at the School of International
Affairs, Pennsylvania State University
Research Associate, The National Forum on
Higher Education for the Public Good
The University of Michigan, Ann Arbor, Michigan.

2. Introduction
• What is Extraterritoriality?
Extraterritoriality is a "situation in which state powers
(legislative, executive or judicial) govern relations of law situated
outside the territory of the state in question" (Salmon, 2001:
491)
• Implications for business and human rights within
global frameworks

3. Introduction (cont’d)
• United Nations “Protect, Respect and Remedy”
Framework for Business and Human Rights (UN
Framework)
• First Global Standard for Business and Human Rights
• Organisation for Economic Co-operation and
Development’s Guidelines for Multinational
Enterprises (OECD Guidelines)
• Recommendations on Corporate Social Responsibility
(CSR) measures for Multinational Corporations (MNC)

4. Introduction (cont’d)
• Both global policy frameworks provide a space for
extraterritoriality
• The ability to project domestic legal frameworks
beyond a states territorial limits
• Aim to regulate MNC
• Enforce global standards
Extraterritoriality
• Controversial
• A colonial legacy

5. Bhopal Disaster
• December, 1984
• Methyl isocyanine gas leaked from the Union
Carbide India plant, a subsidiary of the US Union
Carbide Plant
• In just a few days, more than 3,000 people died
• In total, this gas exposed about 500,000 people

6. Bhopal Disaster (cont’d)
• Why did this happen?
• Chemical reaction of leaked gas
• Union Carbide denied the blame
• Poor regulations
• Corporate neglect

7. Bhopal Disaster (cont’d)
• Grievances of victims
• Not handled well, only $550 awarded per person
• The spread of “gas victims’ colonies”

8. Bhopal Disaster (cont’d)
• One of the worst industrial disasters in history
• Illustrated the inability of legal systems to deal
with a large scale tragedy
• Massive and transnational

9. The United Nations (UN) Framework
• Aimed to construct a global policy framework to
address human rights abuses
• Most successful – The UN Framework
• Prevents adverse Human Rights effects by
international buinsess

10. United Nations (Cont’d)
• Three Pillar Approach
• the state duty to protect human rights
• corporate responsibility to respect human rights
• access to effective remedies for those adversely
affected by business activities

11. United Nations (Cont’d)
• In 2011, the United Nations Human Rights Council
(UNHRC) endorsed the Guiding Principles on
Business and Human Rights (Guiding Principles)
• Policy Framework that would “operationalize” the UN
Framework

12. Guiding Principals
• 31 total guiding principals
• Extraterritorial provisions
• Guiding principal 2
• Allows for the exercise for extraterritorial jurisdiction

13. Extraterritorial Jurisdiction:
Home State Regulation
• International norm creator
• University of Western Ontario Professor, Sara Seck,
expert on transnational business and human rights
• TWAIL perspective

14. Conclusion
• These 2 global frameworks provide a space for
extraterritorialism
• Suggest a shift
• Domestic to international law
• Aim to use this as an international norm creator
ultimately pushing for human rights