[Research workshop] New public and private pathways towards supply chain accountability

On Friday 17 November the Asser Institute and Queen Mary University London will hold a research workshop on 'New public and private pathways towards supply chain accountability'. Topics will include the Corporate Sustainability Due Diligence Directive, ESG indices, Business and Human Rights, and Corporate Social Responsibility, among others.

Over the past decade, international regimes supporting global values and normative universalism have been eroded by the populist backlash, a lack of legitimacy and protectionist forces. Instead, disputes and agreements have been increasingly mediated outside the multilateral sphere and closer to national or regional frameworks. Moreover, states increasingly rely on the self-policing of corporations to protect public interests - especially in the technological sector. And social movements are now resorting to cross-border tort litigation and regulation to bring irresponsible industry players into compliance. One of the most salient elements of the new paradigm is the prominence of private law within the public sphere. The problem is not new: in his seminal study Private Law Sources and Analogies in International Law of 1927, Hersch Lauterpachtculled from extensive state practice to reveal the influence of private law in the building of international legal frameworks.

More than ever, the private law paradigm is worth using to frame contemporary social challenges. Around the world, an increasing number of private entities are harnessing international legal frameworks to carry out public functions. Corporations often exercise governmental authority on behalf of states to deliver global public goods. Other times, they are tasked by international organisations to provide public services. Although formulated decades ago, the questions underpinning Lauterpacht’s enquiry are therefore still relevant: how to negotiate the shifting boundaries between public and private law? Moreover, how do these spheres interact with international law? Finally, can private law become a vehicle for global governance?

This is the first gathering of an informal group of academics with various areas of legal expertise that will meet in person or online at regular intervals to discuss developments related to these shifting dynamics. Topics will include the Corporate Sustainability Due Diligence Directive, ESG indices, Business and Human Rights, and Corporate Social Responsibility, among others. Our motivation to convene this group stems from the fast-paced rate at which these areas are impacting legal frameworks and the need for input from different branches of law to fully understand their significance. In addition to sharing information, we also hope that participants will use this network as a platform to cooperate.

Find the full programme here.

Registration for this event is now closed. For more information, please contact León Castellanos Jankiewicz or Tibisay Morgandi.