Caroline Helene StahlHaftung von Unternehmen für Menschenrechtsverletzungen ihrer ausländischen Zulieferer

About this book deutschenglish

Legal policy is increasingly focusing on the liability of companies for human rights violations committed by their foreign suppliers. The current development is based on the social discussion on the social responsibility of globally operating companies. The first major ruling by a German court in this context was issued in 2019, ruling on the liability of a German company for human rights violations by its foreign supplier. In view of current case law and legislative tendencies towards more legalization of corporate responsibility, one can cautiously speak of the development of so-called supply chain law. Current social and legal developments increase the pressure on companies to counter liability risks arising from their international value and supply chains.

This publication examines the extent to which companies can be held liable for the conduct of their foreign suppliers on the basis of current and future legislation and case law.

The analysis includes an overview of the current status of previous and planned national and international legal regulations. In particular, aspects of conflict of laws and substantive law are examined in greater depth, which are relevant when assessing the liability of companies for their foreign suppliers. This includes topics such as choice of law, correction of results through the public policy exception, overriding mandatory provisions, contracts (with protective effect) for the benefit of third parties or vicarious liability. Against the background of global procurement markets and international supply chains, conflict-of-law rules are of decisive importance in the legal assessment of liability.

Based on the results of the legal analysis, recommendations for companies with a global value and supply chain are also given from a business perspective. In particular, the concept of supply chain due diligence as part of risk management is presented.