INTRODUCTION TO THE SYMPOSIUM ON NEW PATHWAYS TOWARDS SUPPLY CHAIN ACCOUNTABILITY

The continued rise of due diligence seems inexorable. The deluge of supply chain laws adopted in recent years has created unprecedented opportunities to align corporate behavior with the protection of global public goods. But these new forms of public-private governance may yet come under stress. The latest legislative proposals are facing an increased backlash, with large companies complaining of over-regulation and, in the case of smaller businesses, existential threats. At the same time, national courts enthusiastically invoke due diligence standards, yet ascribe to them varying degrees of substantive and procedural significance. Adding to the complexity, a wide array of grievance mechanisms and remedies, including civil and administrative procedures, are open to victims of abuse resulting from irresponsible business conduct, but their effectiveness remains to be fully tested. To provide clarity on these shifting dynamics at a crucial juncture, this symposium addresses current developments in supply chain accountability relating to human rights, labor standards, climate change, and the environment. The six essays that follow are written by scholars and practitioners working in different branches of law, with each paying particular attention to the application of private law in the public interest—an important theme as corporate entities continue to have a major impact on global public goods.