Full Description
In light of the most recent EU legislative initiatives in the field and the innovative case law in Europe and North America, this timely book explores the impact of the shift from voluntary to mandatory due diligence and the sustainability challenges on global value chains. It examines how businesses, regulators, and stakeholders navigate this transition to align economic growth and liability regimes in supply chains with environmental and human rights protections.
Expert authors analyze the role of industry leaders in managing supply chain sustainability, the new EU Corporate Sustainability Due Diligence Directive, its subsequent amendments in the Omnibus I package, and the integration of public and private governance tools. The regulatory multilevel system that includes international and national regulation poses daunting challenges to governance and regulation of global chains. The book addresses the legal and contractual frameworks required to enforce these obligations along supply chains based on extraterritorial administrative and judicial enforcement and stakeholder participation. Contributors underline the necessity for stronger accountability mechanisms and innovative contractual approaches to ensure compliance and sustainable development, emphasizing the need for shared responsibility along supply chains. Ultimately, they highlight how new global governance tools can enable equitable and effective action in protecting environmental and social values.
Integrating legal analysis with insights from supply chain management and institutional economics, this book is a crucial read for scholars and students of private, commercial, comparative, and international law. With its in-depth analysis of legal frameworks, it also provides actionable insights for businesses, policymakers, and legal experts.
Contents
Contents
Foreword: rethinking the governance of global value chains xiii
1 Compliance and due diligence in global value chains: the
emergence of a EU sustainability framework in global
regulation 1
Fabrizio Cafaggi, Paola Iamiceli and Federico Pistelli
PART I SUSTAINABILITY AND GOVERNANCE: A VALUE
CHAIN APPROACH
2 Duties within the supply chain: disclosure, due diligence and
oversight and the theory of the firm 39
Kishanthi Parella
3 Decarbonizing global chains with regulatory mixes 54
Giuseppe Bellantuono
4 The voluntary carbon market: a primer 86
Vittoria Battocletti and Alessandro Romano
PART II SUSTAINABILITY DUE DILIGENCE AND
GLOBAL SUPPLY CHAINS: THE CHALLENGES OF
LIABILITY TO GOVERNANCE
5 The EU approach to corporate sustainable due diligence and
its impact on member states' legislation: a first comparative
analysis 106
Stefano Troiano
6 Global value chain governance in the global context: how will
the EU's agenda impact regulation and corporations in the UK? 133
Charlotte Villiers
7 Private international law, value chains and enforcement of due
diligence obligations 155
Sandrine Clavel
8 From voluntary to mandatory control in global value chains:
interplay between contract and tort in a new framework 173
Vibe Ulfbeck
PART III THE ROLE OF PRIVATE REGULATION AND
CONTRACTUAL INSTRUMENTS
9 Regulatory contracts, fundamental rights and third parties'
protection 200
Fabrizio Cafaggi
10 An American experiment in contracts, human rights, and
environmental protection 238
David V. Snyder
11 European model clauses and the corporate sustainability due
diligence directive 269
Martijn Scheltema
12 The supplier journey towards a sustainability driven
contractual governance: a case study 292
Isabella Alessio
Epilogue 306
