France's Law on the Corporate Duty of Vigilance: A Practical and Multidimensional Analysis in English
One year ago, law No. 2017-399 of 27 March 2017 on the corporate duty of vigilance for parent and instructing companies (the "Law") entered into force. As the first vigilance plans are now being published, the Law still raises a number of questions, both in France and abroad, as to its interpretation and implementation.
In honour of the Law's anniversary, and in order to contribute to a better understanding of the Law for a global audience, a series of French articles published in the International Review of Compliance and Business Ethics [Revue Internationale de la Compliance et de l'Ethique des Affaires] have been translated into English by the authors.
This publication assembled and edited by Stéphane Brabant and Elsa Savourey delves into several specific issues related to the Law providing a practical and multidimensional perspective. Taking a multi-stakeholder approach, this publication includes articles from academics, lawyers dedicated to the practice of business and human rights, NGOs representing victims of economic crimes, and international companies committed to implementing socially responsible practices. The authors provide their own views on the Law.
- Introduction: French Law on the Corporate Duty of Vigilance: A Practical and Multidimensional Perspective.
- Stéphane Brabant & Elsa Savourey, Law on the Corporate Duty of Vigilance: A Contextualised Approach — understanding the Law within the "business and human rights" movement.
- Stéphane Brabant & Elsa Savourey, Scope of the Corporate Duty of Vigilance Law: Companies Subject to the Vigilance Obligations ― what is the scope of the Law and which companies are subject to the Law's obligations?
- Stéphane Brabant, Elsa Savourey & Charlotte Michon, The Vigilance Plan: Cornerstone of the Corporate Duty of Vigilance Law — what is the ambit of the vigilance plan and how to establish it and effectively implement it?
- Tiphaine Beau de Loménie & Sandra Cossart, Stakeholders and the Duty of Vigilance ― who are stakeholders and how can companies involve them in developing and implementing vigilance plans?
- Horatia Muir Watt, The Duty of Vigilance and Private International Law — how the Law politically, symbolically and technically enables the removal of several structural obstacles preventing the legislation from apprehending the harmful consequences of the delocalised activities of multinational companies [not yet translated]
- Stéphane Brabant & Elsa Savourey, A Closer Look at the Penalties Faced by Companies ― analysing periodic penalty payments [astreintes] and civil liability action [responsabilité civile] and their implementation.