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Cover of: Das Private Enforcement der EU-Lieferkettenrichtlinie
Chris Thomale, Stephan Schmid

Das Private Enforcement der EU-Lieferkettenrichtlinie

Section: Aufsätze
Volume 88 (2024) / Issue 3, pp. 425-493 (69)
Published 20.09.2024
DOI 10.1628/rabelsz-2024-0046
Published in German.
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  • Open Access
    CC BY 4.0
  • 10.1628/rabelsz-2024-0046
Summary
Private Enforcement in the EU Supply Chain Directive: A Critical Comparative Law and Economics Analysis of the Final Compromise with Suggestions for its Implementation by the Member States. One component of the European Green Deal is the implementation of a harmonized supply chain law in the form of the Corporate Sustainability Due Diligence Directive (CS3D). The final compromise imposes a new type of due diligence obligation on companies to protect the climate, human rights and the environment in the supply chain. Its enforcement will rely inter alia on private law mechanisms. This article describes how private-law enforcement mechanisms so far have fallen short in ongoing human rights, environmental and climate litigation. It then assesses the new supply chain regulation's effectiveness and efficiency, especially in comparison to alternative regulatory instruments. It also contains recommendations for the upcoming implementation process by the EU member states.