69
State’s human rights obligations extend beyond its borders.338Thus, “all States have obligations
to respect, protect and fulfill human rights, including civil, cultural, economic, political and
social rights, both within their territories and extra-territorially.”339
The extraterritorial application of the human rights obligation of States is further applied
in the revised edition of the Organization for Economic Co-operation and Development
(OECD)340 Guidelines for Multinational Companies (OECD Guidelines). An international
instrument adopted by 49 countries in 2011, the OECD Guidelines341 promote responsible
business conduct. It requires that States-parties create National Contact Points (NCP)
which are offices tasked to promote adherence to the guidelines as a non-judicial grievance
mechanism. The revised edition now includes a chapter on human rights consistent with the
UNGP-BHR.
The Committee on the Rights of the Child (CRC) and the CESCR have both issued
General Comments342 declaring that States have an obligation to respect, protect, and fulfill
human rights in the context of the extraterritorial activities of business. This obligation
may be pursued, provided there is a reasonable link343 between the State and the conduct
concerned.344 Furthermore, the CESCR reiterates that States are required to take steps to
338
However, the exercise of extraterritorial jurisdiction, according to the Maastricht Principles, is only
proper where the State:
a. has effective control over the territory or persons on that foreign territory;
b. has brought about foreseeable effects on the exercise of its rights outside of its territory
through its conduct; and
c. is either under an international obligation or in a position to exercise decisive influence
to actively support the realization of people’s economic, social, and cultural rights outside
of its territory. (Maastricht General Principle 9).
339
Maastricht Principles, supra note 333 (General Principle No. 3).
340
The OECD is an intergovernmental organization founded in 1961 to stimulate economic progress and
world trade.
341
The OECD Guidelines are recommendations on responsible business conduct addressed to
multinational enterprises operating in the 49 adhering States. It provides non-binding principles
and standards for responsible business conduct in a global context consistent with applicable
laws and internationally recognized standards (citing Organisation for Economic Co-operation and
Development, OECD Guidelines for Multinational Enterprises (2011) at 31, available at https://www.
oecd.org/daf/inv/mne/48004323.pdf (last accessed Oct. 23, 2021) [hereinafter OECD Guidelines].
342
Committee on the Rights of the Child, General Comment No. 16 on State Obligations Regarding the
Impact of Business Sector on Children’s Rights, U.N. Doc. CRC/C/GC/16 (Apr. 17, 2013) [hereinafter
CRC General Comment 16]; Committee on Economic, Social and Cultural Rights, General Comment
No. 24 on State Obligations Under the International Covenant on Economic, Social and Cultural
Rights in the Context of Business Activities, U.N. Doc. E/C.12/GC/24 (June 23, 2017) [hereinafter
CESCR General Comment 24].
343
A reasonable link, according to the Committee on the Rights of the Child, exists “when a business
enterprise has its center of activity, is registered or domiciled or has its main place of business or
substantial business activities in the State concerned” (citing CRC General Comment 16, at 13).
344
CRC General Comment 16, supra note 342.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents