Duty of care and private international law: The symbol and process of the law of 27 March 2017.

Authors Publication date
2017
Publication type
Journal Article
Summary The law of March 27, 2017 intends to contribute to the transformation of corporate social responsibility into legal obligations. Yet, in order to do so, it was necessary to remove a number of structural obstacles - blind spots - that are currently generally opposed to the law's grasp of the harmful consequences of the offshored activities of multinationals. What is the international scope of application of the law of 27 March 2017 Note 1 (or by way of shorthand, the scope in space of the duty of vigilance that it institutes)? The question, which falls within the legal technique of private international law Note 2, in turn raises the question of its meaning, or what it sought to accomplish, these questions being posed in terms that will depend on the interpretative theory that will be used to guide judges in its implementation. Apparently modest, the law refers to the ordinary law of civil liability, which will therefore provide for the sanctioning of the duty to ensure that economic activity does not lead to the violation of human rights, the health or safety of persons or environmental standards. This duty is nonetheless very singular. The legislator intends to contribute to the transformation of purely voluntary commitments by companies, particularly in terms of respect for human rights or environmental standards, into legal obligations. In order to do this, however, it was necessary to remove a certain number of structural obstacles - blind spots - that are generally opposed, at present, to the law's understanding of the harmful consequences of the relocated activities of multinationals. [First paragraph].
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