| The "Zero draft legally binding instrument to regulate,in international human rights law,the activities of transnational corporations and other business enterprises" and its two version of revised draft is undoubtedly important legal instruments in the area of business and human rights.The article on adjudicative jurisdictions permit the exercise of extraterritorial jurisdiction and established a broad approach to the concept of jurisdiction.This article mainly introduces the formulation and revision process of the "Zero Draft" and its two version of revised draft.In addition,this article puts forward legislative suggestions on adjudicative jurisdiction clauses based on Government’s point of view.One legislative suggestion is about extraterritorial jurisdiction,this article holds that it is necessary to exercise extraterritorial jurisdiction on human rights litigation issues of multinational corporations.However,the "zero draft" and its two version of revised draft shall distinguish the civil jurisdiction and criminal jurisdiction,the courts exercise extraterritorial jurisdiction shall be permitted by international law,it is necessary to establish a clear rationality standard through consideration of "connection factors".Apart from this,this article holds that the forum non conveniens principle does hinder victims from seeking judicial remedies in practice,but the primary purpose of the forum non conveniens principle is "the end of justice",which is essentially consistent with human rights protection.The reasonable application of the forum non conveniens principle is more conducive to the protection of the fairness of the parties and the human rights of the victims.The application of forum non conveniens principle shall not be denied,but the application of the forum non conveniens principle can be restricted by clarifying the minimum standards of "other effective forum guaranteeing a fair trial" and exercise the return of jurisdiction clause.Another legislative proposal is about forum of necessity principle,the "Second Revise Draft " exercise the forum of necessity principle,but does not specify specific criteria for the determination of "sufficiently close connection" and "other effective forum guaranteeing a fair trial".If the connection is week,the parties may deliberately creating connection factors,which makes the extremely inconvenient courts also need to bear the obligation of judicial trial.If the connection is too strong,the traditional jurisdiction principle can be directly applied without setting up the necessary jurisdiction. |
