By Olga Martin-Ortega and Rebecca M.M.Wallace

The concern over the role of the private business sector with regards to the fulfilment of children’s rights is relatively recent. International attention on the effects business activities have on children has been fragmented until now, focussing on specific sectors, mainly child labour and economic exploitation. Recent international developments in the area of business and human rights have brought a more specific focus to the impact that corporate activities have on children and how to address them. Business activities can have a significant impact on the human rights of children, both positive and adverse. International investment and commercial activities are important for economic development and to guarantee that children have better opportunities. However on many occasions such growth does not have a positive impact on children’s lives. On other occasions, they may be exposed to situations of corporate abuse experienced by them, their parents or carers or damage to the environment and communities in which they live. Moreover business activities can also affect children’s health and wellbeing, for example when children are the consumers of products and services provided by businesses. Read the rest of this entry »

By Francisco J. ZAMORA CABOT, Professor of Private International Law at the University Jaume I, Castellon, Spain.

The issue of extraterritoriality is currently envisaged as one of the keys to the resolution of the well-known and crucial Kiobel case, before the Supreme Court of the United States, which we are expecting any time now. However, the Alien Tort Claims Act (ATCA) has nothing to do with extraterritoriality. That legislative text and its judicial practice must be maintained in the field of international torts on human rights, they are special illegal acts that have to be solved through the interplay of the Conflicts of Laws and Public international law. In no way, that legal text and its practice portray an imperialistic position on the part of the United States in front of other States, or an excess of jurisdiction vis-a-vis the Law of Nations. Quite simply, the attempt to place ATCA out of its scope should be rejected, and has to be considered as mischievous and/or arbitrary.

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