Multinationals and supply chains: Key aspects of a new strategy for eliminating modern slavery

Abstract

One of the most recent strategies to ensure the observance of human rights, including labor rights, consists of acting on transnational companies and the networks they form, radiating standards of human rights protection through supply chains. This strategy is an expression of so-called “reflexive law” and makes use of hard law to regulate the operation of these companies. First, the author sets out the steps taken in international regulations and in various state-made legislations in this field, highlighting the pioneering nature of US legislation, the transcendence of the English model, and especially French legislation, in this latter case for inaugurating a more substantive due diligence requirement. And, based on a comparative analysis of these and other legislations, as well as on a series of reports of relevance in this area, the author highlights different functions that this legislation holds (to protect human rights, fair competition and a general public interest beyond those aspects). The author also shows the evolution that this legislation has undergone over time. Finally, the author presents the most relevant questions and options for dealing with them, favoring a regulatory “pattern” to be followed by state or supranational legislation that has not yet dealt with this issue or to pay attention by those others which, having regulated it, identifies possible gaps to be filled in.