Applicable Law, Human Rights and Global Supply Chains

Laura Carpaneto

Chapter 11 in Private International Law and Global Crises, 2026, pp 250-290 from Edward Elgar Publishing

Abstract: In the global effort to hold multinational enterprises accountable for the negative impact of their activities on people and the planet, private international law rules can (and probably should) play a role. In the EU legal order, access to justice for victims of business-related human rights abuses remains ineffective, because under the choice of law rules of the Rome II Regulation the law of the host State in the majority of cases applies. In many cases this makes it difficult or even impossible for the victims to obtain a judgment establishing civil liability of the company involved. Despite its uncertain future, the 2024 European Corporate Due Diligence Sustainability Directive (CSDDD) and the debate surrounding its adoption have helped to bring greater attention to this problem and to the pressing need for a viable legal solution. Since a revision of the current EU private international law framework does not seem likely in the near future, this chapter discusses whether access to justice can be regarded as a principle of EU public policy and whether a (more) ‘human rights’ and ‘sustainability’ oriented interpretation of the existing legal framework is possible (and desirable).

Keywords: Ordre public; Due diligence; Corporate social responsibility; Overriding mandatory provisions; Human rights (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035360192
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