The export of hazardous industries : protecting human rights from environmental harm through home states extraterritorial obligations

Abstract

The export of hazardous industries constitutes a phenomenon whereby different environmental and safety standards at the national level and a lack of harmonization at the international level have created a permissive setting for TNCs to transfer industrial activities characterized by high risks of harm to developing countries, while powerless individuals and communities bear the brunt of environmental and human rights damage. This thesis seeks for a solution, within the international legal order, to effectively protect individuals from business-related harm and, to that end, concentrates on the extent to which international law offers the possibility of recognizing home States extraterritorial obligations. Following an extensive analysis of the concept of due diligence within International Environmental Law, the concept of diagonal environmental rights is unveiled, and further incorporated into the realm of International Human Rights Law, in consideration of the interpretations, so far undertaken by treaty bodies, regarding the scope of human rights