Germany Takes Action on Corporate Due Diligence in Supply Chains: What the United States Can Learn From International Supply Chain Regulations

Abstract

This comment addresses the United States\u27 failure to pass comprehensive federal supply chain due diligence legislation. The United States presents itself as a global leader, but its failure to pass comprehensive supply chain due diligence legislation creates a gap in human rights due diligence that can lead to corporate human rights abuses. Although the United States has passed several human rights due diligence laws, a comprehensive federal law would be more effective at preventing corporate human rights abuses in the supply chains of business organizations that operate in the United States. This comment argues that American lawmakers should look to Germany\u27s recently passed Act on Corporate Due Diligence in Supply Chains as a model for comprehensive human rights supply chain due diligence legislation. First, the comment reviews the history of business and human rights, previous attempts at supply chain due diligence legislation in the United States, and current European due diligence legislation. Next, the comment analyzes the strengths and weaknesses of Germany\u27s Act on Corporate Due Diligence in Supply Chains and analyzes the recently enacted Uyghur Forced Labor Prevention Act. Finally, the comment argues that the United States should borrow the positive provisions from Germany\u27s Act on Corporate Due Diligence in Supply Chains, improve upon its weaknesses, and pass comprehensive federal legislation to reaffirm its position as a global leader in the elimination of corporate human rights abuses