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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. Introduction Common denominators Own research Future outlook. Common denominators: mainly procedural issues. Funding
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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
Introduction • Common denominators • Own research • Future outlook
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)possibilityfor claim against multinational, Dependant on authorities) • OECD contactpoints?
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
Future outlook: how can access to justice be improved? • Procedural law? • Substantive issues? • Non-judicial remedies? • Role of governments/politics?