Global Supply Chains and Sustainability: The Role of Disclosure and Due Diligence Regulation
In Beate Sjåfjell and Christopher M. Bruner (eds), Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability (Cambridge University Press, Forthcoming).
Posted: 15 May 2019
Date Written: May 6, 2019
This chapter explores the role of corporations that participate in global supply chains and specifically the legislation emerging to address the problems that arise in a supply chain context. There is a notable shift from voluntary initiatives towards hard law solutions, in particular disclosure and due diligence requirements. The disclosure measures introduced internationally and nationally only partially contribute to sustainability. Such measures appear limited at best to achieving transparency, and they do not necessarily achieve progress in their substantive outcomes. Due diligence requirements, if backed up by enforcement sanctions, promise greater effect as they call on companies to make efforts to eradicate or mitigate their negative impacts. A key feature of the emerging due diligence will be the collaboration with stakeholders and campaigners acting on their behalf. If successful, these due diligence developments will be a significant contribution to the goals of sustainable development.
Keywords: OECD Guidelines for MNEs, UN Guiding Principles for Business and Human Rights, Stakeholder Collaboration
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