ABSTRACT
The UN Guiding Principles on Business and Human Rights introduce the concept of human rights due diligence as a critical means for corporations to discharge their responsibility to respect human rights, by taking steps to become aware of and address human rights issues in their operations. Regulation in this area may be broadly categorized according to whether it focuses on a particular issue, a specific sector or imposes a generalized obligation on companies to undertake due diligence. The paper critically examines the third category, focusing on the recent French law establishing a ‘duty of vigilance’, comprising both the general obligation to undertake due diligence and a liability regime in case companies fail to do so. It then examines options for the EU to introduce a similar obligation, concluding that the EU may intervene to harmonize company law.
