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Article

1 Dec 2015

Author:
Liesbeth Enneking, François Kristen, Kinanya Pijl, Tjalling Waterbolk, Jessy Emaus, Marjosse Hiel, Anne-Jetske Schaap & Ivo Giesen, Utrecht Centre for Accountability and Liability Law

Duties of care of Dutch business enterprises with respect to international corporate social responsibility

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A comparative and empirical study of the status quo of Dutch law in light of the UN Guiding Principles...What is the scope of the social responsibility of the Western society-based internationally operating business enterprises that have these products manufactured in less developed countries, often at low cost, and put them on the market here?  Are they under an obligation to prevent their own activities, or those of their local subsidiaries or suppliers, to cause damage to people and the planet in the host States involved?  And if such damage does arise, under what circumstances can these internationally operating business enterprises be held liable for this before courts in their Western society home States?  The concept of corporate social responsibility (CSR) basically reflects the idea that business enterprises in their pursuit of profit should take into account the impact they have on people and the planet...This report explores in what way and to what extent a duty of care of Dutch business enterprises with regard to international corporate social responsibility has been laid down or applied in Dutch legislation and/or case law, and to what extent the present state of affairs relates to both the UN Guiding Principles and the state of affairs in our neighbouring countries...