Oral Statement by Intl. Commission of Jurists on Jurisprudential and practical approaches to elements of extraterritoriality and national sovereignty

Author: Intl. Commission of Jurists, Published on: 25 October 2016

...States should ensure in law that judiciaries are afforded the necessary jurisdictional scope to consider civil claims concerning human rights abuses alleged to have been committed by business enterprises, including in their global operations. To this end, States should ensure that their laws grant domestic courts jurisdiction not only over claims concerning business enterprises domiciled within their jurisdiction, but also over civil claims concerning business-related human rights abuses against subsidiaries, wherever they are based, of companies domiciled within their jurisdiction if such claims are closely connected with civil claims against the latter enterprises. Likewise, States should ensure that their domestic courts are able to exercise jurisdiction over civil claims concerning business-related human rights abuse against business enterprises not domiciled within the jurisdiction of the state if no other effective forum guaranteeing fair trial is available and there is sufficiently close connection to the state concerned...

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