Limits of Duty of Care in Global Supply Chains: A Comparative Analysis

For four decades, global supply chains have occupied a central position in academic and political debates, driven by the growing imperative to reconcile economic performance with corporate social responsibility. Within this context, soft law has emerged as the favored mechanism for transnational regulation, functioning both as a catalyst for normative innovation and as a strategic means to circumvent more stringent constraints on flow management. A comparative analysis of France and the United States reveals two distinct paradigms: a formalized, legalistic, and preventive French framework centered on the duty of vigilance—a uniquely French statutory obligation—and a more coercive U.S. framework that leverages customs sanctions alongside geopolitical objectives, albeit applied selectively. The article’s originality stems from its critical integration of legal and management perspectives, transcending the simplistic dichotomy between restrictive regulation and self-regulation. Employing comparative social science methodologies, it opens significant research avenues into the prerequisites for inclusive transnational governance, emphasizing the mobilization of diverse stakeholders and hybrid control mechanisms to transform the broader principle of duty of care into an instrument of enhanced logistical justice. Keywords : Comparative analysis, Corporate accountability, Duty of care (vigilance), France, Global supply chains, Governance, Logistical justice, Soft law, Transnational regulation, United States DOI: 10.7176/JLPG/149-10 Publication date: October 28 th 2025