Regulating Corporate Due Diligence: from Transnational Social Dialogue to EU Binding Rules (and Back?)

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Carla Spinelli

Summary: 1. Global Trade and Working Conditions: Comprehensive Tools for Global Governance. 2. Transnational Social Dialogue. 3. Global Framework Agreements. 4. Supporting Transnational Social Dialogue. 5. The Due Diligence Regimes. 5.1. Definition. 5.2. Models. 6. Claims under the French Duty of Vigilance Law. 6.1. The Total Case. 6.2. The Teleperformance Case. 7. Proposal for EU Binding Regulation on Due Diligence. 8. Concluding Remarks. 


The added value of EU mandatory regulation requiring companies to carry out due diligence on social and environmental risks in their operations and supply chains will be to overcome the insufficient voluntary approach, proposed by the international regulatory framework. As far as the involvement of workers’ representatives and trade unions is expected to be fully recognised by the forthcoming Directive on Corporate Due Diligence and Corporate Accountability, the social dialogue practises foreseen by transnational collective agreements shall not be overlooked. The effective enforcement of mandatory human rights and environmental due diligence legislation, when paired with strengthened social dialogue, could be conducive to a more equitable and sustainable industry in global supply chains.


Global Supply Chain, Corporate Social Responsibility, Transnational Social Dialogue, Due Diligence, EU Directive Proposal