Extractive Industries and Human Rights Abuse – The Role of a Home State in Protecting Human Rights Abroad

Abstract

When international soft law framework and host states fail to ensure effective protection of human rights from business-related harm, the involvement of a home state can be considered as the best solution. The research aims to explore the role of a developed home state in protecting human rights from violations by extractive industries abroad. The major focus of the study is the example of the UK – a developed state where a number of corporations operating in extractive industries are domiciled. This study explores legally binding and non-binding measures taken by the UK, considers how business development policy intersects with human rights protection, and analyses to what extent access to judicial and non-judicial remedies for business-related harm are ensured in the UK. Case study has been conducted in the light of two different theoretical perspectives, and has tried to find out whether the UK gives priority to business development over human rights protection or considers that responsible corporate behaviour is conducive to economic development. Controversial issues such as home state responsibility, jurisdiction and extraterritoriality, home state regulation of corporate conduct, which have attracted wide attention in academic literature, have been explored in a particular local context. The research has revealed that the UK has taken number of initiatives with the aim of protecting human rights from business-related harm and has declared that business development and human rights protection should go hand in hand. However, certain challenges still exist, which need to be addressed in order to enhance the role of a home state in protecting human rights abroad.