The Long Arm of Human Rights Risk: Supply Chain Management and Legal Responsibility

The Business and Human Rights Review, Vol. 2013, No. 3, pp. 10-14, 2013

Sydney Law School Research Paper No. 13/73

10 Pages Posted: 17 Oct 2013 Last revised: 28 Jan 2015

See all articles by David Kinley

David Kinley

The University of Sydney Law School

Jahan Navidi

The University of Sydney Law School

Date Written: January 28, 2015

Abstract

The recent Rana Plaza factory disaster in Bangladesh is yet another bloody and stark reminder of the real legal, reputational and economic risks facing corporations at the top of the supply chain for human rights infractions further down it. By reviewing such litigious avenues as the US Alien Torts Statute (even after Kiobel) and other tortious routes in UK and Europe, along with the impacts of individual retailer accords, the authors highlight the fact that the extraterritoriality of human rights abuses is no shield against liability. The article explains the reasons why companies need to be aware of the serious possibilities of legal action in their home jurisdictions for human rights abuses with which they may be associated by way of their supply chains relations, and argues for serious reforms to the current levels of due diligence in supply chain management.

Keywords: Corporations, human rights abuses, supply chains, litigation, tort laws, Alien Torts Claims Act

JEL Classification: K10, K13, K30

Suggested Citation

Kinley, David and Navidi, Jahan, The Long Arm of Human Rights Risk: Supply Chain Management and Legal Responsibility (January 28, 2015). The Business and Human Rights Review, Vol. 2013, No. 3, pp. 10-14, 2013; Sydney Law School Research Paper No. 13/73. Available at SSRN: https://ssrn.com/abstract=2340821 or http://dx.doi.org/10.2139/ssrn.2340821

David Kinley (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Jahan Navidi

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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