Book contents
- Due Diligence Obligations in International Human Rights Law
- Due Diligence Obligations in International Human Rights Law
- Copyright page
- Contents
- Acknowledgments
- Abbreviations
- Introduction
- 1 Why to Analyze State Responsibility for Human Rights Violations: The Flawed Debate on Direct Human Rights Obligations for Non-State Actors
- 2 Establishing State Responsibility for Human Rights Violations: Proposal for a Conduct-Based Typology of Human Rights Obligations
- 3 The Origins of Due Diligence in International Law
- 4 The Components of the Due Diligence Standard
- 5 Lessons to Be Learned from the Application of Due Diligence Obligations in Other Fields of International Law
- 6 Applying the Due Diligence Framework to the Field of Human Rights Protection
- 7 A Case for Extraterritorial Due Diligence Obligations in the Human Rights Context
- Summary and Outlook
- Index
1 - Why to Analyze State Responsibility for Human Rights Violations: The Flawed Debate on Direct Human Rights Obligations for Non-State Actors
Published online by Cambridge University Press: 05 February 2021
- Due Diligence Obligations in International Human Rights Law
- Due Diligence Obligations in International Human Rights Law
- Copyright page
- Contents
- Acknowledgments
- Abbreviations
- Introduction
- 1 Why to Analyze State Responsibility for Human Rights Violations: The Flawed Debate on Direct Human Rights Obligations for Non-State Actors
- 2 Establishing State Responsibility for Human Rights Violations: Proposal for a Conduct-Based Typology of Human Rights Obligations
- 3 The Origins of Due Diligence in International Law
- 4 The Components of the Due Diligence Standard
- 5 Lessons to Be Learned from the Application of Due Diligence Obligations in Other Fields of International Law
- 6 Applying the Due Diligence Framework to the Field of Human Rights Protection
- 7 A Case for Extraterritorial Due Diligence Obligations in the Human Rights Context
- Summary and Outlook
- Index
Summary
The first chapter introduces the broader debate on human rights and non-state actors. With the political and economic power of non-state actors ever increasing, the creation of directly binding international human rights obligations for non-state actors, in particular for multinational corporations, has become a popular suggestion. The chapter discusses why such direct obligations cannot be derived from the existing human rights system and weighs arguments in favor and against creating such obligations in the future. It emphasizes risks and problems that are critical but often overlooked in this context and concludes that direct human rights obligations for non-state actors neither seem feasible nor politically desirable which makes it necessary to look for alternative solutions in order to address the increasing problem of human rights violations caused by actors other than states. Due diligence obligations on behalf of states may present such an alternative.
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- Publisher: Cambridge University PressPrint publication year: 2021