Suchergebnisse

AbstractGlobal supply chains (GSCs) are organised through complex networks which leave workers vulnerable to exploitation and unprotected against abusive labour practices including modern slavery. In the past decade's, attention has focused on business responsibilities for the impact of commercial activities on human rights with little focus on the role of states as economic actors and their duties regarding their own supply chain, including through public procurement. This article analyses the application of the Transparency in Supply Chains provision (TiSCs) of the UK Modern Slavery Act (2015) to the public sector. Since 2016 commercial organisations are obliged to report on efforts to identify, prevent, and mitigate modern slavery in their supply chain. This includes over one hundred higher education institutions (HEIs). This article finds that while most reporting in the first year fall short of what is expected of institutions according to Government guidance the exercise of reporting has initiated an important process of awareness. HEIs face a steep learning curve to develop effective human rights due diligence in their supply chain however, the TiSCs obligation has proved a catalyst for a wider process of understanding human rights risks and responsibilities of the public sector, and more specifically HEIs.

AbstractTen years since the adoption of the UN Guiding Principles on Business and Human Rights, we have witnessed an increasing trend in Europe toward the adoption of mandatory human rights and environmental due diligence. Focusing on due diligence legislation from France, Germany, Norway, and the EU, this article examines the extent to which these laws are laying the foundations for the articulation of an integrated, comprehensive, and robust framework that effectively fosters corporate accountability through preventing, addressing, and remedying corporate‐related human rights and environmental harms. In this examination, we draw on international human rights and environmental standards and Third World Approaches to International Law, to identify the lessons learned from current approaches and that ought to be considered in future frameworks.

The global supply chains of multinational enterprises are complex and multi-tiered, often involving many stages of production and spanning several jurisdictions. Important questions remain about how to ensure that human rights are respected in these supply chains, including how multinational enterprises are to exercise the responsibility to respect human rights in their supply chains and the role that can be played by states in protecting human rights outside of their borders. This article focuses specifically on the potential for states to use public procurement as a tool to promote human rights protection beyond their borders by purchasing goods from companies that ensure that human rights are respected throughout the whole supply chain of the procured product. The article considers the responsibilities of states and business enterprises with respect to global supply chains, including the recognised relevance of public procurement in the United Nations Guiding Principles on Business and Human Rights as part of the 'state-business nexus'. The remaining sections analyse how the historical role of public procurement in pursuing social aims has developed to encompass matters of corporate social responsibility (CSR) and of human rights specifically; the development of the EU's CSR strategy and the approach of the EU to linking this with developments in the EU procurement regime; and, finally, the extent to which the recently revised EU procurement regime supports the use of procurement as a tool to promote human rights in global supply chains.

"This innovative book addresses the links between sustainability and human rights in the context of infrastructure projects and uncovers the human rights gap in every stage of public procurement processes to deliver on infrastructure assets or services. Bringing together contributions from leading scholars and legal practitioners, this comprehensive book addresses a gap in the literature on the role of human rights within highly complex contracts, such as public-private partnerships (PPPs), in infrastructure development. Chapters analyse key human rights issues across the life cycle of projects using case studies that investigate communities, service users and workers in public procurement supply chains as human rights holders. Further, it explores the issues facing women as different role-players - namely as workers, service users, decision-makers and government suppliers. Case studies include procurement of healthcare infrastructure and megasporting events. The editors also propose solutions and new ways forward in the advancement of the sustainable public procurement agenda, both for developed and developing countries, to deliver infrastructure that brings social return without harming human rights. Developing more inclusive approaches to infrastructure that address rightsholders and stakeholders - including communities, workers, service users, and particularly women - this book will be a thought-provoking resource for scholars and students, as well as for human rights lawyers, advocates and policy makers alike"--

On 23 February 2022, the European Commission (EC) published its proposal for a corporate sustainability due diligence directive. This In-depth Analysis for the European Parliament Sub-Committee on Human Rights (DROI) initially presents the EC proposal and its main features, contextualising these against broader European and international developments in business and human rights regulations. It then undertakes an in-depth comparative analysis of the EC's 2022 draft Directive against (i) the position adopted by the Foreign Affairs Committee (AFET/DROI) in its opinion for the Legal Affairs Committee of 25 November 2020; (ii) the final EP position as adopted in March 2021. This is followed by evaluation of the EC draft Directive's approach on key elements relating to human rights and environmental due diligence from the point of view of human rights standards and in light of the rationale presented in the EC's Impact Assessment Report (23 February 2022) and Annexes (29 March 2022). Overall, the analysis provides an assessment of the extent to which key positions of AFET/DROI and the Parliament regarding human rights due diligence, as well as relevant international and regional legal standards, policies and guidance, are either reflected in the EC draft Directive or might be better reflected in it.

Governments are mega-consumers of many manufactured products and services. As such they should in principle be able to influence workers' rights abroad via the terms of purchase contracts. Yet to date little attention has been paid to the potential of public procurement to promote respect for labour rights globally besides the international trade law framework. Building on a limited emerging scholarship and policy developments, this article addresses this gap. Section 2 considers legal definitions of public procurement and distinguishes primary and secondary aims of procurement under key international and regional procurement regimes. This highlights that, although historically used to advance labour rights domestically, these regimes have restricted public buyers' scope to advance labour rights beyond national borders. Section 3 explores new international policy frameworks on responsible global value chains and supply chains which by contrast appear to augur the greater use of public procurement to promote labour rights globally in future. Section 4 argues, supported by analysis of the limited examples available, that public buying has the potential to positively influence enjoyment of labour rights in practice. Concluding, Section 5 reflects on what the more specific impacts of public procurement in this context may be, and how public buying should complement other mechanisms for improving labour conditions across supply chains, such as social clauses in trade agreements. Finally, we outline issues for further research and the future policy agenda.

Governments are mega-consumers of many manufactured products and services. As such they should in principle be able to influence workers' rights abroad via the terms of purchase contracts. Yet to date little attention has been paid to the potential of public procurement to promote respect for labour rights globally besides the international trade law framework. Building on a limited emerging scholarship and policy developments, this article addresses this gap. Section 2 considers legal definitions of public procurement and distinguishes primary and secondary aims of procurement under key international and regional procurement regimes. This highlights that, although historically used to advance labour rights domestically, these regimes have restricted public buyers' scope to advance labour rights beyond national borders. Section 3 explores new international policy frameworks on responsible global value chains and supply chains which by contrast appear to augur the greater use of public procurement to promote labour rights globally in future. Section 4 argues, supported by analysis of the limited examples available, that public buying has the potential to positively influence enjoyment of labour rights in practice. Concluding, Section 5 reflects on what the more specific impacts of public procurement in this context may be, and how public buying should complement other mechanisms for improving labour conditions across supply chains, such as social clauses in trade agreements. Finally, we outline issues for further research and the future policy agenda.