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Understanding the corporate liability problem for human rights abuses along global value chains : a critical analysis of the european proposal for a corporate sustainability due diligence directive

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This dissertation discusses the topic of corporate responsibility for human rights abuses along global supply chains. With the growing power of multinational corporations, comes the importance of liability mechanisms not only for their own operations but also for those of independently owned suppliers. To provide a comprehensive understanding of the failure to hold corporations accountable for misconducts of their suppliers, this study portrays the current system of non-binding corporate social responsibility frameworks and presents relevant case law. Neither soft-law mechanisms, nor national laws have been capable of providing legal norms to not only to prevent violations from occurring but to simultaneously provide a civil liability mechanism for potential victims to claim compensation. To strengthen this argument, relevant case law is incorporated and additionally shows the severity inhumane working conditions can have. In this context the dissertation investigates the potential of the European Commission’s proposal for a European Sustainability Due Diligence Directive and critically analyzes its potential. After identifying the shortcomings of the Directive, the dissertation intends to provide incentives for the improvement of the proposal in order to create a European level playing field for corporations while also providing mandatory due diligence obligations with effective civil liability mechanisms.

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Corporate social responsibility Corporate sustainability Supply chains Supply chain law Civil liability Multinational corporations Corporate sustainability due diligence directive

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