Oral statement by IOE on Jurisprudential and practical approaches to elements of extraterritoriality and national sovereignty

Author: International Organisation of Employers, Published on: 25 October 2016

...Four main categories of objections can be identified against the use of extraterritorial jurisdiction, in the amicus briefs filed by States: 1) Legal objections. On that point, it is worthwhile mentioning that for the Swiss government, “a broad assertion of jurisdiction to provide civil remedies for violations perpetrated by foreign corporations against aliens in foreign places is inconsistent with international law and may indeed undermine efforts to promote human rights and their protection” 2) Foreign policy objections 3) Economic and legal development objections 4) Commercial and practical objections...In view of these shortcomings, which are inherent to extraterritorial jurisdiction, and in view of the fact that some countries have serious concerns that their sovereignty might be jeopardized through extraterritorial jurisdiction, the IOE strongly recommends that any treaty on human rights obliges States to provide effective access to remedies for human rights violations at the local level...

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