1. ULUSÖTESİ ŞİRKETLERİN TEDARİK ZİNCİRLERİNDE İNSAN HAKLARI SORUMLULUĞU VE ALMAN HUKUKUNDAKİ GELİŞMELER.
- Author
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YILDIRIM SOYSAL, Hanım
- Subjects
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SOFT law , *INTERNATIONAL business enterprises , *DUE diligence , *SUPPLY chains , *HUMAN rights , *CIVIL liability , *HUMAN rights violations - Abstract
The responsibility of transnational corporations in terms of human rights violations occuring in their supply chains has been a significant topic of debate in recent years. It is seen that addressing liability within the framework of soft law regulations does not provide sufficient effect on preventing violations. At this stage, the role of national tort rules and the increasing number of binding due diligence regulations in the human rights liability of transnational corporations is being debated. The most comprehensive example of binding national law norms has been drafted in Germany. The Corporate Duty of Due Diligence in Supply Chains Act (Lieferkettensorgfaltsgesetz-LkSG) entered into force in Germany on January 1, 2023. In this study, first of all, the liaison between transnational corporations and human rights will be briefly discussed. Then, the regulatory framework of LkSG in terms of human rights responsibility of companies will be analyzed. Finally, the civil liability of companies will be analyzed from the perspective of the recent decisions of the English courts, which tend to overcome the principle of separate legal personality in the corporate group, as well as the debates in German law. In lieu of a conclusion, the paper concludes with an assessment of the impact of the regulations and decisions on Turkish law. [ABSTRACT FROM AUTHOR]
- Published
- 2023