Comparative Analysis and Legal Reflection on the Boundaries of Human Rights Due Diligence in the Supply Chain  

作　　者：王惠茹 CHEN Feng(Translated) WANG Huiru

机构地区：[1]Institute of International Law,Chinese Academy of Social Sciences [2]不详

出　　处：《The Journal of Human Rights》2024年第2期393-419,共27页人权（英文版）

基　　金：supported by the Youth Initiative Program of the Chinese Academy of Social Sciences(Project Approval Number 2024QQJH141)。

摘　　要：As global supply chains become increasingly lengthy and complex, human rights due diligence in the supply chain is becoming a controversial focal point in the accountability of multinational 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 entire supply chain. However, there is a divergence in national practices 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 interpretations 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 countries 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 international 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 framework, and

关 键 词：business and human rights human rights due diligence supply chain international soft law mandatory due diligence 

分 类 号：D996[政治法律—经济法学] D998.2[政治法律—国际法学]