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The bumpy road of home states’ regulation of globalised businesses – legal and institutional disruptions to supply chain disclosure under the modern slavery act / Shuangge Wen, Jingchen Zhao

Catholic University Law Review, Volume: 69, Issue: 1, Pages: 125 - 162

Swansea University Author: Shuangge Wen

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Abstract

In response to the paradigm shift from territorial corporations to global businesses and supply chains, States are increasingly engaging in regulating extraterritorial business activities, supply chain disclosure regulation being a primary example. Much ink has thus far spilled on the intrinsic doct...

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Published in: Catholic University Law Review
ISSN: 0008-8390
Published: 2020
Online Access: Check full text

URI: https://cronfa.swan.ac.uk/Record/cronfa49611
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Abstract: In response to the paradigm shift from territorial corporations to global businesses and supply chains, States are increasingly engaging in regulating extraterritorial business activities, supply chain disclosure regulation being a primary example. Much ink has thus far spilled on the intrinsic doctrinal and conceptual aspects of this regulatory approach, with its interactions to the external regulatory and institutional environment explored far less to date. This article seeks to correct the scholarly imbalance by critically examining how s.54 of the UK Modern Slavery Act (MSA) – a prominent attempt among state-level initiatives designed to promote human rights protection within global supply chains – fits with other extraterritorial initiatives and the broad supply chain environment in which it operates. An exploration of the likely disruptive effects on the enforcement of supply chain disclosure regulation follows thereafter. The paper intends to bring to light the doctrinal, contextual and practical complexities faced by current home-state lawmaking endeavours, in the hope of generating further insights into the intricate but significant issue of imposing human rights responsibilities on globalised businesses.
Item Description: Open Access Journal link via https://scholarship.law.edu/lawreview/vol69/iss1/9/
College: Hillary Rodham Clinton School of Law
Issue: 1
Start Page: 125
End Page: 162