HRDD Forum: Transnational Implications of mHREDD Laws

Event Details

Legislative developments around mandatory human rights and environmental due diligence (mHREDD) continue to multiply. Many of these laws apply to foreign companies that carry out business or operate in the jurisdiction. Moreover, by introducing duties relating to the global supply or value chain, these laws impose duties relating to harms that take place outside of the relevant country.

As a result, many companies are (or will be) subject to several of these laws - either directly or in relation to their suppliers and other actors in the value chain. Insofar as there are some differences between these legal requirements, this raises practical questions regarding fragmentation and coherence of implementation. In addition, companies that are based in jurisdictions where no such laws are currently anticipated, such as the UK, are concerned about the lack of a level playing field caused by divergence in relation to their UK, European and worldwide activities.

At this session, expert speakers will consider the transnational implications of mHREDD laws, and how these laws apply to companies and harms outside of the relevant jurisdiction. Some examples to be discussed include:

• How are domestic courts, regulators and public authorities likely to enforce these laws, and what can we learn from examples of other regulation relating to cross-border or extra-territorial corporate activity?
• How does the German Supply Chain Due Diligence Law apply to companies and harms outside of Germany, and what are some examples of the enforcement actions that the Federal Office for Economic Affairs and Export Control (BAFA) are starting to take since the Act came into force on 1 January 2023?
• How does the proposed Dutch Bill on Responsible and Sustainable International Business Conduct apply to foreign companies and human rights harms that take place outside of the Netherlands - and does the definition also include harms that take place within the Netherlands?
• Is the UK falling behind? How does the introduction of these laws affect UK companies that operate in and source from other markets, and is this likely to lead to a need for similar UK legislation?
   

Chair:

Lise Smit, Senior Research Fellow in Business and Human Rights, BIICL

Speakers:

• Dr Rachel Chambers, University of Connecticut School of Business
• Dr Mansur Pour Rafsendjani, Noerr
• Richard Reichman, BCL Solicitors LLP
• Davine Roessingh, De Brauw Blackstone Westbroek
• Hylke ten Bruggencate, De Brauw Blackstone Westbroek

Registration

This is a closed meeting, open only to members of the BIICL Human Rights Due Diligence Forum (HRDD). HRDD Forum members wishing to attend can register by emailing the Events team.