Quinn, John
ORCID: 0009-0002-9248-7217 and Condon, Rónán
ORCID: 0000-0002-2728-5806
(2025)
Beyond the individual-company: from corporate social responsibilities to corporate social liability.
Transnational Legal Theory, 16
(1-2).
pp. 226-253.
ISSN 2041-4013
Abstract
Private law, into which company law is assimilated, follows two basic models of liability: individual liability, which is the priority model, and organisational liability, which applies in special circumstances. Yet neither of these models map directly on to the fragmented or ‘networked’ structure of transnational value chains. The Corporate Sustainability Due Diligence Directive demonstrates this point. EU legislators attempted to translate the organisationally framed responsibilities set out in the UNGPs into a private law framework. However, in doing so, they reverted to individual liability, the hallmark of national company law, due to, we believe the lack of a clear justification for making individual
companies responsible for their value chain. We argue that addressing the issues raised by transnational value chains requires going beyond this dichotomy and developing a network liability model from within interpersonal law.
Metadata
| Item Type: | Article (Published) |
|---|---|
| Refereed: | Yes |
| Uncontrolled Keywords: | Transnational governance; due diligence; network liability; business and human rights |
| Subjects: | Social Sciences > Political science Social Sciences > Public administration |
| DCU Faculties and Centres: | DCU Faculties and Schools > Faculty of Humanities and Social Science DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government |
| Publisher: | Routledge |
| Official URL: | https://www.tandfonline.com/doi/full/10.1080/20414... |
| Copyright Information: | Authors |
| ID Code: | 31587 |
| Deposited On: | 29 Sep 2025 13:21 by Gordon Kennedy . Last Modified 29 Sep 2025 13:21 |
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