Calling for Dissent: A Glance at Extraterritorial Regulation and Jurisdiction through a Lens of Human Rights

The exercise by a State of prescriptive, adjudicative or enforcement authority over conduct outside its territory is widely discussed in literature and remains contentious. Based on selected jurisprudence and case studies, this paper will argue that in most instances the premises for the exercise of extraterritorial regulation and jurisdiction are highly questionable. This concerns notably instances which amount to mere imposing particular national interests on the international community rather than pursuing any legitimate aims. Conversely, global consensus on human rights and safeguards for access to effective remedy for victims of human rights violations do legitimise the exercise of extraterritorial authority, where a domestic court in a host jurisdiction is unwilling or unable to provide a judicial avenue for redress. Thus extraterritorial authority in the field of human rights could serve as a tool to address both corporate impunity as well as governance and jurisdiction lacunas.