High time for government action to make the OECD Guidelines a force for sustainable FDI

FDI can be responsible only if it is accountable to workers and communities negatively impacted by investments and the OECD Guidelines for Multinational Enterprises should ensure accountability for victims of corporate misconduct. However, until the OECD’s complaint mechanism is significantly reformed, victims will lack effective access to remedy

政府应积极利用OECD准则 推动可持续FDI增长

FDI can be responsible only if it is accountable to workers and communities negatively impacted by investments and the OECD Guidelines for Multinational Enterprises should ensure accountability for victims of corporate misconduct. However, until the OECD’s complaint mechanism is significantly reformed, victims will lack effective access to remedy

OECD《跨国企业准则》：最近对新出现问题的投诉 表明有必要修订负责任商业行为的标准

The OECD Guidelines for MNEs should set the most up-to-date standards on responsible business conduct. By analyzing the issues emerging in complaints recently filed to the Guidelines’ grievance mechanisms, this Perspective identifies substantive gaps in the standards and argues that the OECD should update the Guidelines in 2022

The OECD MNE Guidelines: Recent complaints on emerging issues show the need to revise standards on responsible business conduct

The OECD Guidelines for MNEs should set the most up-to-date standards on responsible business conduct. By analyzing the issues emerging in complaints recently filed to the Guidelines’ grievance mechanisms, this Perspective identifies substantive gaps in the standards and argues that the OECD should update the Guidelines in 2022

TOWARDS EU-WIDE MANDATORY HUMAN RIGHTS AND ENVIRONMENTAL DUE DILIGENCE FOR BUSINESS: A BREAKTHROUGH IN EUROPE AND BEYOND?

<p>In March 2022, the European Commission presented its long-awaited legislative proposal on the EU-wide human rights and environmental due diligence (HREDD) for business. This article argues that the proposed Directive fails to be an effective and innovative legislation in three respects. Firstly, it does not draw lessons from the shortcomings of the to-date regulatory policy relating to business and human rights. It mainly consolidates at the EU level the status quo of extant due diligence legislation in Europe. Secondly, the proposal falls short of the established international standards and its own objectives insofar as it fails to establish instruments for effectively preventing and remedying human rights and environmental harm. Thirdly, the proposal's normative preference for process- (rather than result-) oriented HREDD risks reducing it to yet another compliance instrument. Beside amending these shortcomings, to achieve a breakthrough, the upcoming legislation should in any case define HREDD as the legal standard of care; the compliance with which does not per se exclude civil liability. The general negotiation approach of the Council is not proposing much improvement in that regard. The stakes for the European Parliament's possible role to raise the bar are thus very high.</p&gt