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Published bySilas Harmon Modified over 9 years ago
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CSR in supply chains & Impediments in Access to Justice Louise Vytopil LLB MA MSc University of Utrecht Utrecht Centre for Accountability & Liability Law
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Introduction Common denominators Own research Future outlook
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Common denominators: mainly procedural issues Funding Proof/Access to documents Combination of claims through class action (?) Statute of limitations Which remedy is effective in repairing damages suffered? International private law: forum, applicable law, Alternatives: Criminal law ((im)possibility for claim against multinational, Dependant on authorities) OECD contactpoints?
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Research on CSR & supply chains: on codes of conduct, contracts and (avoiding) liability Empirical and legal (substantive) research on contracting practices in the Netherlands, England and California 40-50 MNCs in total participated Consequences of codes of conduct and contracts for liability of the Western multinational for CSR violations in supply chain “Loose” relationship between contract partners Problematic whichever legal basis is chosen for claim Contracts or codes of conduct between MNC and supplier may further derail claim
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Future outlook: how can access to justice be improved? Procedural law? Substantive issues? Non-judicial remedies? Role of governments/politics?
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