TY - JOUR

T1 - Germany’s Supply Chain Due Diligence Act

T2 - Is It Compatible with WTO Obligations?

AU - Bäumler, Jelena

N1 - Publisher Copyright: © 2022, Nomos Verlagsgesellschaft mbH und Co. All rights reserved.

PY - 2022

Y1 - 2022

N2 - Regulations that aim at the observance of certain human rights and environmental standards by companies along the value chain have gained momentum. A recent example is the German Supply Chain Due Diligence Act that obliges German companies to adhere to due diligence obligations vis-à-vis human rights and, to a lesser extent, the environment when making use of global supply chains. Germany, as other WTO members, must at the same time ensure compliance with WTO law when adopting such measures. This article will argue that due diligence laws may have a bearing on WTO obligations, but can be justified according to the general exceptions clause of Art. XX GATT. Ultimately, the article argues that such measures may be necessary if international economic law is to accommodate the common goal of sustainable development.

AB - Regulations that aim at the observance of certain human rights and environmental standards by companies along the value chain have gained momentum. A recent example is the German Supply Chain Due Diligence Act that obliges German companies to adhere to due diligence obligations vis-à-vis human rights and, to a lesser extent, the environment when making use of global supply chains. Germany, as other WTO members, must at the same time ensure compliance with WTO law when adopting such measures. This article will argue that due diligence laws may have a bearing on WTO obligations, but can be justified according to the general exceptions clause of Art. XX GATT. Ultimately, the article argues that such measures may be necessary if international economic law is to accommodate the common goal of sustainable development.

KW - Art. XX GATT

KW - Corporate Due Diligence Obligations

KW - Environ-ment

KW - Human Rights

KW - Most-Favoured-Nation

KW - National Treatment

KW - Public Morals

KW - Supply Chains

KW - Sustainability

KW - WTO

KW - Politics

UR - http://www.scopus.com/inward/record.url?scp=85134171604&partnerID=8YFLogxK

U2 - 10.5771/1435-439X-2022-2-265

DO - 10.5771/1435-439X-2022-2-265

M3 - Journal articles

AN - SCOPUS:85134171604

VL - 25

SP - 265

EP - 286

JO - Zeitschrift für europarechtliche Studien

JF - Zeitschrift für europarechtliche Studien

SN - 1435-439X

IS - 2

ER -