Implementing Human Rights Due Diligence Through Corporate Civil Liability
Bibliographic Data
| ID | 9933166 |
|---|---|
| Authors | Nicolas Bueno (0000-0002-1476-5456, University of Zurich, corresponding author), Claire Bright (0000-0002-0688-675X, Universidade Nova de Lisboa) |
| Year | 2020 |
| Volume | 69 |
| Issue | 4 |
| Pages | 789-818 |
| Publication date | 2020-10-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589320000305 |
| OpenAlex | W3084338171 |
| Language | EN |
| Citations received | 24 |
| References cited | 19 |
Since the adoption of the UN Guiding Principles on Business and Human Rights the relationship between human rights due diligence (HRDD) and corporate liability has been a source of legal uncertainty. In order to clarify this relationship, this article compares and contrasts civil liability provisions aiming at implementing HRDD. It explains the legal liability mechanisms in the draft Treaty on Business and Human Rights and in domestic mandatory HRDD legislation and initiatives such as the French Duty of Vigilance Law and the Swiss Responsible Business Initiative. It compares these developments with the emerging case law on parent company and supply chain liability for human rights abuses. It explores the potentially perverse effects that certain civil liability provisions and court decisions might have on companies’ practices. Finally, it makes recommendations for the design of effective liability mechanisms to implement HRDD
Business · Corporate liability · Due diligence · Duty · Economics · Human rights · Law and economics · Legal liability · Legislation · Liability · Limited liability · Limited liability partnership · Political science · Strict liability · Treaty · Accounting · Corporate Law and Human Rights · Finance · Law · Regulation and Compliance Studies · Wildlife Conservation and Criminology Analyses
The Compatibility of Indonesia’s Job Creation Law Number 11 of 2020 With United Nations Guiding Principles on Business and Human Rights
Supply chain divergence challenges a ‘Brussels effect’ from Europe's human rights and environmental due diligence laws
Regulación de cadenas de valor hacia la Transición Justa
From Critique to Action
What Does the Future Hold for Human Rights in Conflict-Affected Areas? A Delphi Study on MNEs’ Strategies
Widening the lens
The Legal Form of Climate Change Litigation
Can Scope Make a Difference? Assessing the Reach of Due Diligence Laws in Supply Networks
Critical Reading and Human Rights in Police Students
Oportunidades “Perdidas” en El Proceso De “Europeización” De Diligencia Debida en Sostenibilidad Corporativa
Business and Human Rights in a Changing World Order
The EU Directive on Corporate Sustainability Due Diligence (CSDDD)
The Swiss Human Rights Due Diligence Legislation
Business Strategy as Human Rights Risk
Toward Transparent Global Governance? Human Rights Due Diligence in the European Union
Judicializing Environmental Governance? The Case of Transnational Corporate Accountability
Business interest in human rights regulation
An integrated approach to corporate due diligence from a human rights, environmental, and TWAIL perspective
Foreign corporate accountability
The politics of supply chain regulations
Mandatory due diligence laws and climate change litigation
The Violence We Unsee
Towards more sustainable global supply chains? Company compliance with new human rights and environmental due diligence laws
Private Processes and Public Values
The Necessity for a Business and Human Rights Treaty
What does Human Rights Due Diligence for Business Relationships Really Look Like on the Ground
Outlining the Case for a Common Law Duty of Care of Business to Exercise Human Rights Due Diligence
Human Rights Due Diligence as Risk Management
The French Law on Duty of Care
Corporate Liability Under the US Alien Tort Statute
Human Rights Due Diligence in Law and Practice
Towards a New Treaty on Business and Human Rights
Corporate Social Responsibility Versus Business and Human Rights
Corporate liability for violations of the human right to just conditions of work in extraterritorial operations
The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights
The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights
Human Rights Due Diligence for Corporations
The Pitfalls of Unilateral Legislation in International Law
Balancing Soft and Hard Law for Business and Human Rights
Assessing the Feasibility of a Business and Human Rights Treaty
Holding Companies Liable for Human Rights Abuses Related to Foreign Subsidiaries and Suppliers before German Civil Courts
| Unique citing works | 24 |
|---|---|
| Citations per year | 4,8 |
| Citation span | 2021 - 2026 (6) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 24 |