Chantal Mak (University of Amsterdam – Faculty of Law) has posted The Common Good Contract: Rethinking Contractual Justice in the Regulation of Global Supply Chains on SSRN. Here is the abstract:
This report considers the normative underpinnings of national and regional due diligence laws that aim to get a grasp on the protection of human rights and the environment along global supply chains. Starting from a comparative exploration of several representative due diligence laws, it is analysed what is the place of contract in these laws. The comparison provides a basis for assessing to what extent contractual due diligence can serve to include the intended beneficiaries of such laws, who themselves are not parties to contractual assurances in global supply chains. Based on the comparison, it is sustained that a rethinking of the concept of the contract is needed for due diligence obligations to reach their full potential. This reconceptualisation of the contract should be grounded in political-economic ideas of value and the common good that encompass human and non-human entities affected by global supply chains’ operations. The report sets out the basic premises for an idea of transnational contractual justice along these lines.
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Lawrence Solum