Comparative Analysis and Legal Reflection on the Boundaries of Human Rights Due Diligence in the Supply Chain

As global supply chains become increasingly lengthy and complex, human rights due diligence in the supply chain is becoming a controversial focal point in the accountability of multinational corporations. In recent years, legislative practices in the field of human rights due diligence have shown a trend from voluntary soft law toward mandatory hard law, and from corporate due diligence for their own operations towards extended due diligence for the entire supply chain. However, there is a divergence in national practices regarding the extent to which human rights due diligence should extend along the supply chain and the manner in which it should be incorporated into domestic legal policies. International soft law interpretations surrounding the boundaries of human rights due diligence in the supply chain are decentralized, posing risks of interpretation diversification, boundary blurring, and procedural formalization, as well as risks of misinterpretation and misuse. Meanwhile, some countries and regions are vigorously promoting mandatory legislation on human rights due diligence in the supply chain, which has profound implications for the stability of global supply chains and the international economic and trade order. Against this backdrop, it is crucial to explore the reasonable boundaries of human rights due diligence in the supply chain. Instead of applying a one-size-fits-all approach,the rationality of legal factors and the complexity of practical factors should be considered, applying context-specific measures based on the varying degrees of linkage between companies and negative human rights impacts in the supply chain. China should be particularly wary of the “chilling effect” of mandatory legislation on human rights due diligence in the supply chain, attaching great importance to national supply chain security and international supply chain competitiveness.Additionally,China should actively promote the implementation of voluntary human rights due diligence under the United Nations framework, and accelerate the enhancement of China's discourse power in the international rule-making process in the fields of industry and commerce as well as human rights.

Consensus‑based multidimensional due diligence of fintech‑enhanced green energy investment projects

The purpose of this study is to provide a hybrid group decision-making approach to evaluate fintech-based financial alternatives for green energy investment projects.First,the multidimensional factors of due diligence for fintech-based financing alternatives of green energy investment projects are identified.In this regard,the balanced scorecard perspectives are considered.Next,consensus-based group decision-making analysis is performed.Second,impact-relation directions for fintech-based financing alternatives of green energy investment projects are defined.For this purpose,the spherical fuzzy Decision-Making Trial and Evaluation Laboratory(DEMATEL)methodology is applied.The novelty of this study is its proposal of a new outlook to due diligence of fintech-project financing for renewable energy investments by using the group and integrated decision-making approaches with spherical fuzzy DEMATEL.The findings indicate that customer expectations are the most essential factor for the revenue sharing and rewarding models.Additionally,this study identified that organizational competency plays the most important role with respect to the peer-to-business debt model.In contrast,the conclusion was reached that financial returns have the greatest importance for the equity sharing model.

Due Diligence in Mergers and Acquisitions in Emerging Markets： Evaluated Risk Factors From the Academic and Practical View

The obviously ever increasing number of corporate acquisitions in recent decades has improved the general knowledge and awareness of due diligence for both the industry and research. In the current challenging business environment, acquisitions face a higher degree of risk profiles, especially cross-border acquisitions in the emerging markets. Conducting a thorough due diligence investigation in the context of an acquisition is more important now than ever. In a broad analysis, this paper researches the key risk factors in the acquisition process and their assessment within a due diligence audit in the acquisition phase. The task of this paper is to match the academic and practical view in order to give a more complete understanding of risk factors to be covered in due diligence audit. The starting point is the research of academic findings which basically concentrate on common approaches considering financial, legal, commercial, and some other issues in domestic acquisitions and in developed countries. In contrast, this paper considers risk factors in cross-border and emerging markets transactions. In addition, a number of business consultants publish studies based on surveys on this topic which reflect typical risk factors based on experience of their customers being involved in cross-border acquisitions. Their risk assessment consists of specific regulatory, political, and other factors, which may lead to commercial and reputational impediments in cross-border acquisitions. The outcome of the comparison is a comprehended list of evaluated risk factors, whereby the academic findings are complemented and supported by the practical experience in the business consultant＇s studies. Moreover, the practical approach points to the fact that due diligence scope needs to be suited to the dynamics of the markets. The comparison and the comprehended list of evaluated risk factors call for a more integrated system of due diligence and show herein the research deficit. Hence, the novelty is the compendium of evaluated risk factors which should be assessed in the pre-acquisition phase. The originality of the paper is given by a unique analysis of academic work about acquisition due diligence literature and consultant studies from anonymized practical experience based on insider information.

Correlation of the Concepts of Proactiveness and Due Diligence to Achieve Sustainability in the Maritime Sector

The present status of our planet,with global warming and unprecedented changes in the climate,has led the shipping industry to incorporate the concept of sustainability.Sustainability in the shipping industry is a holistic management concept for sustainable development,applied to the shipping sector,integrating environmental and social responsibility.The final aim of sustainability in shipping is to establish an emission-free industry while executing more than 95%of global trade.To achieve this,specific methods and procedures are being developed.In this paper,the correlation between the concepts of proactiveness and due diligence will be assessed to explore and evaluate if or should there be a strong link between those concepts to achieve sustainability.During the paper’s analysis,it is evident that there is a continuous and impactful correlation between those three concepts.Therefore,the methods and systems provided can effectively lead the shipping sector into a sustainable and emission-free future.

Conducting Due Diligence in China

Ninety percent of problems when set- ting up business in China can be avoided by the deployment of due diligence at the front end of the investment planning.Here we point out some of the areas that can hinder a sensible approach to due diligence,the hidden risks and basic checks.The process does not have to be expensive. Land use rights These relate to the status of the land on which your Chinese partner has his prem-

Legal-Ease Conducting Due Diligence in China

Ninety percent of problems when setting up business in China can be avoided by the deployment of due diligence at the front end of the investment planning.Here we point out some of the areas that can hinder a sensible approach to due diligence,the hidden risks and basic checks.The process does not have to be expensive. Purchasing product from China Quality control is one issue of course your responsibility as a buyer to ensure that the product you are

LEGAL-EAST Conducting Due Diligence in China

Ninety percent of problems when setting up a business in China can be avoided by the deployment of due diligence at the front-end of the investment planning.Here we point out some of the areas that can hinder a sen- sible approach to due diligence,the hidden risks and basic checks. China governmental due diligence China can be in conflict between

Legal-Ease:Conducting Due Diligence in China

Ninety percent of problems when set-ting up a business in China can be avoided by the deployment

Practice and Outlook of China's Regulation on the Extraterritorial Human Rights Responsibilities of Transnational Corporations

As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business conduct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social responsibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instrument on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have resulted in ongoing human rights risks in their overseas business operations,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights governance.

New Developments and Challenges in the UN Norms on Human Rights Responsibilities of Transnational Corporations

With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.