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Additional info for Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives
The SRSG process until mid-2008 granted a voice to companies, and invited civil society, including representatives of the concerns of individual persons and victims, into the process. The extended mandate (2008–2011) encourages the SRSG to continue this style of consultations, with increased focus on victims. This may not only be an opportunity to include a wider range of groups including the voices of the individuals to whom Sidoti refers in his article. It may also be an indication that intergovernmental organizations are realizing that to be effective with regard to social concerns, regulation needs to involve those concerned and those to be subjected to resulting norms.
Parrish, Reclaiming International Law from Extraterritoriality, 93 MINN. L. REV. 815 (2009) (arguing that extraterritorial regulation is not a solution to global problems). 16 Sara L. 24 The importance of ‘place’ suggests that an examination of territorial links might serve equally well as a preliminary justiﬁcation for the exercise of home State jurisdiction. Instinctively, a focus upon territoriality draws attention to the territory of the host State where the impact of the human rights violation is felt, and to any subsidiary or afﬁliate corporate entity based within host State territory.
SOVEREIGNTY IN AN AGE OF GLOBALISATION (1996); SASKIA SASSEN, TERRITORY, AUTHORITY, RIGHTS: FROM MEDIEVAL TO GLOBAL ASSEMBLAGES (2006). W. Bowett, Jurisdiction: Changing Patterns of Authority Over Activities and Resources, in THE STRUCTURE AND PROCESS OF INTERNATIONAL LAW: ESSAYS IN LEGAL PHILOSOPHY DOCTRINE AND THEORY 555, 565 (R. St. J. , 1983). 27 Seck in YHRDLJ, id. at 192–193. A true conﬂict would occur only where the host state mandates the TNC to violate human rights, not where the host state omits to regulate the TNC so as to prevent human rights violations.