TY - JOUR A1 - Rühmkorf, Andreas ED - Rühmkorf, Andreas T1 - The German Supply Chain Law: A First Step Towards More Corporate Sustainability JF - European Company Law N2 - The German supply chain law ( Lieferkettensorgfaltspflichtengesetz, abbreviated: LkSG) which enters into force on 1 January 2023 is part of the developing legal framework for human rights in global supply chains. Like the French vigilance law, it represents a new generation of supply chain laws which impose mandatory human rights due diligence obligations. The LkSG requires enterprises to exercise a number of due diligence obligations – from conducting risk analysis to undertaking preventive measures or remedial actions. The law is based on public enforcement via a competent authority, the Federal Office for Economic Affairs and Export Control (BAFA). The BAFA monitors and enforces compliance with the due diligence obligations. Non-compliant enterprises can be fined with up to 800,000 Euros and, in some cases, up to 2% of the annual turnover. Whilst the LkSG is an important step towards achieving greater corporate sustainability, it also has limitations. It was a political compromise and, as such, it does not include a new civil liability for non-compliance. Moreover, by default, it only applies to the enterprise’s own business area and its direct suppliers, whereas indirect suppliers are only included where the enterprise has substantiated knowledge that an obligation has been violated. Y1 - 2023 VL - 2023 IS - 20 SP - 6 EP - 14 ER - TY - CHAP A1 - Rühmkorf, Andreas ED - Choudhury, Barnali T1 - Guiding Principle 20: Tracking Business Human Rights Responses T2 - The UN Guiding Principles on Business and Human Rights N2 - This chapter is a commentary on Principle 20 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches. Y1 - 2023 SP - 157 EP - 163 PB - Edward Elgar Publishing CY - Cheltenham (United Kingdom) ER - TY - CHAP A1 - Rühmkorf, Andreas ED - Choudhury, Barnali T1 - Guiding Principle 21: Communication of Human Rights Impacts T2 - The UN Guiding Principles on Business and Human Rights N2 - This chapter is a commentary on Principle 21 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches. Y1 - 2023 SP - 164 EP - 170 PB - Edward Elgar Publishing CY - Cheltenham (United Kingdom) ER -