首页|Comparative Analysis and Legal Reflection on the Boundaries of Human Rights Due Diligence in the Supply Chain
Comparative Analysis and Legal Reflection on the Boundaries of Human Rights Due Diligence in the Supply Chain
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As global supply chains become increasingly lengthy and complex,human rights due diligence in the supply chain is be-coming a controversial focal point in the accountability of multina-tional corporations.In recent years,legislative practices in the field of human rights due diligence have shown a trend from voluntary soft law toward mandatory hard law,and from corporate due diligence for their own operations towards extended due diligence for the en-tire supply chain.However there is a divergence in national practic-es regarding the extent to which human rights due diligence should extend along the supply chain and the manner in which it should be incorporated into domestic legal policies.International soft law inter-pretations surrounding the boundaries of human rights due diligence in the supply chain are decentralized,posing risks of interpretation diversification,boundary blurring,and procedural formalization,as well as risks of misinterpretation and misuse.Meanwhile,some coun-tries and regions are vigorously promoting mandatory legislation on human rights due diligence in the supply chain,which has profound implications for the stability of global supply chains and the interna-tional economic and trade order.Against this backdrop,it is crucial to explore the reasonable boundaries of human rights due diligence in the supply chain.Instead of applying a one-size-fits-all approach,the rationality of legal factors and the complexity of practical factors should be considered,applying context-specific measures based on the varying degrees of linkage between companies and negative human rights impacts in the supply chain.China should be particularly wary of the"chilling effect"of mandatory legislation on human rights due diligence in the supply chain,attaching great importance to national supply chain security and international supply chain competitiveness.Additionally,China should actively promote the implementation of voluntary human rights due diligence under the United Nations frame-work,and accelerate the enhancement of China's discourse power in the international rule-making process in the fields of industry and commerce as well as human rights.
business and human rightshuman rights due dil-igencesupply chaininternational soft lawmandatory due dili-gence
王惠茹、CHEN Feng
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Institute of International Law,Chinese Academy of Social Sciences
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