By Claire Bright, Lise Smit
Abstract:
Working paper and study commissioned by the German development agency (GIZ) aimed to inform the legislative developments in Germany as the Due Diligence Act was being developed. It focused more specifically on the ‘safe harbour’ provision that had originally been envisaged and proposed to limit the liability of companies which “join and implement an officially recognised (industry) standards” to civil liability for intent and gross negligence. To that end, the study delved into the origins and various uses of the concept of safe harbour, and analysed its limitations in relation to corporate liability and human rights due diligence. It examined multi-stakeholder industry standards and their limitations and also explored the shortcomings of audits and made concrete recommendations to German policy makers.
Published in:
2020
Online available at:
research.unl.pt