Globale Lieferketten: Eine völkerrechtliche Betrachtung

Supply chains have been shaping the global economic order for some time. Transnational companies divide the production of their goods over several levels of suppliers and producers. As a result, companies can benefit from locational advantages and escape national regulation by the countries in which they are based and by the countries of production. Because the many levels of the supply chain are difficult to identify - this opens gaps: national laws to protect the local population and workers are either not applicable or difficult to enforce. Due to the cross-border challenges that supply chains pose, international law may have a useful role to play to close these gaps. However, international law seems to be lagging, as it leaves unanswered important questions concerning the protection of human rights and the environment within the supply chain. For more than 50 years, there has been a controversial debate about the extent to which transnational companies have to observe international human rights. It is also unclear whether states have an obligation under international law to extraterritorially regulate companies based in their state territory (in particular through the enactment of supply chain laws). These open questions have an impact on the effectiveness of human rights protection, especially in a globalized economy and the growing influence of transnational companies.

This chapter deals with global supply chains from the perspective of international law. On the one hand, it discusses problems raised in various areas of international law by the phenomenon of supply chains. On the other hand, it also addresses developments in various areas that can contribute to improving human rights protection in the supply chain.