Transterritoriality as a theory to hold corporations accountable for human rights violations: the application of its principles in Vedanta and Nevsun cases

This paper examines the basis for transterritoriality as a theory to hold corporations accountable human rights violations and attempts its application in two Business Human Rights leading decisions: Vedanta Resources Plc Konkola Copper Mines v. Lungowe Ors. [2019] UKSC 20 Nevsun Ltd. Araya, 2020 SCC 5. By analysis of both judgements, issued by Supreme Courts under common law regime, present work aims prove that, order violations, national judges can apply private international law, public an heterarchical transversal manner ensure genuine dialogue between jurisdictions courts main principles rules law. Qualitative deductive methods used were based on interdisciplinary research primary secondary business sources consulted develop proposed case analysis.