Abstract
The regulation of home country to govern business and human rights has been commonly debated. It is argued that home states regulations have a potential role to play in the regulation of multinationals on business and human rights. It particularly can fill the gap due to the extraterritorial nature of MNC operations which requires an integrated regulatory approach and it can also provide alternative forum for victims to human rights violation by corporation to seek justice. The question is in what sense home states should be responsible for violations of human rights by subsidiaries in host countries. What are the justifications and what are the limitations? This article tries to answer those questions by highlighting the debates over the duty bearer, a right or obligations of home countries to impose extraterritorial regulations to other countries.
Highlights
One of the problematic and major issues in the context of business and human rights is the regulatory framework
It is argued that home states regulations have a potential role to play in the regulation of multinationals on business and human rights
The question is in what sense home states should be responsible for violations of human rights by subsidiaries in host countries
Summary
One of the problematic and major issues in the context of business and human rights is the regulatory framework. The question is whether such obligations have a legal foundation supported by state practices This is the question which is further developed in this article. Bearing in mind the varieties of definitions of Multinational Corporations or (MNC), this research will focus on MNC in which the parent companies or home companies are normally established in a developed state and their subsidiaries in developing states. This definition reflects both the corporate body as a whole and its separate entities, which might operate either individually or collectively, by embracing the realities of complex structure, control, and operation. The analysis applies the construction of law as found in international law which is viewed broadly as a dynamic decision-making process involving various bodies of law and policies resulted from interactions between different participants. Here, it is assumed that international law is binding states — and to some extent, individuals — including legal entities within a state
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