Open AccessExtraterritorial Sanctions, Transnational Corporate Activity, and State’s Duty to Protect
Author(s) -
Bahareh Jafarian
Publication year - 2021
Publication title -
mcgill glsa research series
Language(s) - English
Resource type - Journals
ISSN - 2564-3843
DOI - 10.26443/glsars.v1i1.145
Subject(s) - sanctions , extraterritoriality , human rights , duty , political science , international law , law , law and economics , international human rights law , context (archaeology) , economic sanctions , state (computer science) , principal (computer security) , business , economics , computer security , jurisdiction , paleontology , algorithm , computer science , biology
Unilateral (extraterritorial) economic sanctions, that are often imposed on states and non-state actors by another state, are incompatible with international human rights law. Major powers use their dominant positions in the global economy to attempt influence the political behaviour of states by imposing economic measures against them. Nevertheless, the principal Business and Human Rights instruments as well as other International Law instruments do not address extraterritorial sanctions and their negative impacts on the operation of foreign business entities and the consequent human rights violations. These sanctions threaten a wide range of rights and freedoms enshrined in international human rights law and cause irreparable collateral damage. This paper is a critical inquiry into the relationship between extraterritorial sanctions, their negative impacts on the operation of the business entities in sanctioned state, and sender state’s extraterritorial human rights obligations. In order to answer this question, the paper will explore state’s duty to protect in more details in the context of imposition of extraterritorial sanctions.