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Challenges of CSR in Supply Chains & Barriers to Access to Justice with a Focus on Procedural Issues

This study examines impediments faced in accessing justice in CSR-related cases within supply chains. Common procedural issues, including funding, access to documents, and choice of remedy, are explored. Research covers codes of conduct, liability contracts, and their impact on multinational corporations. The future outlook investigates improvements in access to justice through procedural and substantive means, non-judicial remedies, and governmental role.

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Challenges of CSR in Supply Chains & Barriers to Access to Justice with a Focus on Procedural Issues

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  1. CSR in supply chains & Impediments in Access to Justice Louise Vytopil LLB MA MSc University of Utrecht Utrecht Centre for Accountability & Liability Law

  2. Introduction • Common denominators • Own research • Future outlook

  3. 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?

  4. 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

  5. Future outlook: how can access to justice be improved? • Procedural law? • Substantive issues? • Non-judicial remedies? • Role of governments/politics?

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