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Sustainability, Due Diligence and Value Chain Governance (eBook)

Edited by: Fabrizio Cafaggi, Paola Iamiceli, Federico Pistelli

ISBN13: 9781035373444
Published: October 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: eBook (ePub)
Price: £25.00
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In light of the most recent EU legislative initiatives in the field and the innovative case law in Europe and North America, this timely book explores the impact of the shift from voluntary to mandatory due diligence and the sustainability challenges on global value chains. It examines how businesses, regulators, and stakeholders navigate this transition to align economic growth and liability regimes in supply chains with environmental and human rights protections.

Expert authors analyze the role of industry leaders in managing supply chain sustainability, the new EU Corporate Sustainability Due Diligence Directive, its subsequent amendments in the Omnibus I package, and the integration of public and private governance tools. The regulatory multilevel system that includes international and national regulation poses daunting challenges to governance and regulation of global chains. The book addresses the legal and contractual frameworks required to enforce these obligations along supply chains based on extraterritorial administrative and judicial enforcement and stakeholder participation. Contributors underline the necessity for stronger accountability mechanisms and innovative contractual approaches to ensure compliance and sustainable development, emphasizing the need for shared responsibility along supply chains. Ultimately, they highlight how new global governance tools can enable equitable and effective action in protecting environmental and social values.

Integrating legal analysis with insights from supply chain management and institutional economics, this book is a crucial read for scholars and students of private, commercial, comparative, and international law. With its in-depth analysis of legal frameworks, it also provides actionable insights for businesses, policymakers, and legal experts.

Subjects:
Environmental Law, eBooks
Contents:
Foreword: rethinking the governance of global value chains xiii
1. Compliance and due diligence in global value chains: the emergence of a EU sustainability framework in global
regulation 1
Fabrizio Cafaggi, Paola Iamiceli and Federico Pistelli

PART I SUSTAINABILITY AND GOVERNANCE: A VALUE CHAIN APPROACH
2. Duties within the supply chain: disclosure, due diligence and oversight and the theory of the firm 39
Kishanthi Parella
3. Decarbonizing global chains with regulatory mixes 54
Giuseppe Bellantuono
4. The voluntary carbon market: a primer 86
Vittoria Battocletti and Alessandro Romano

PART II SUSTAINABILITY DUE DILIGENCE AND GLOBAL SUPPLY CHAINS: THE CHALLENGES OF
LIABILITY TO GOVERNANCE
5. The EU approach to corporate sustainable due diligence and its impact on member states’ legislation: a first comparative analysis 106
Stefano Troiano
6. Global value chain governance in the global context: how will the EU’s agenda impact regulation and corporations in the UK? 133
Charlotte Villiers
7. Private international law, value chains and enforcement of due diligence obligations 155
Sandrine Clavel
8. From voluntary to mandatory control in global value chains: interplay between contract and tort in a new framework 173
Vibe Ulfbeck

PART III THE ROLE OF PRIVATE REGULATION AND CONTRACTUAL INSTRUMENTS
9. Regulatory contracts, fundamental rights and third parties’ protection 200
Fabrizio Cafaggi
10. An American experiment in contracts, human rights, and environmental protection 238
David V. Snyder
11. European model clauses and the corporate sustainability due diligence directive 269
Martijn Scheltema
12. The supplier journey towards a sustainability driven contractual governance: a case study 292
Isabella Alessio
Epilogue 306