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Comparative Analysis and Legal Reflection on the Boundaries of Human Rights Due Diligence in the Supply Chain
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作者 王惠茹 CHEN Feng(Translated) 《The Journal of Human Rights》 2024年第2期393-419,共27页
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 ye... 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. 展开更多
关键词 business and human rights human rights due diligence supply chain international soft law mandatory due diligence
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Consensus‑based multidimensional due diligence of fintech‑enhanced green energy investment projects 被引量:1
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作者 Wei Liu Youfa Sun +1 位作者 Serhat Yuksel Hasan Dinçer 《Financial Innovation》 2021年第1期1888-1918,共31页
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... 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. 展开更多
关键词 Fintech-based project financing Green energy investments Balanced scorecard Due diligence of projects Group decision making Spherical fuzzy sets
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Due Diligence in Mergers and Acquisitions in Emerging Markets: Evaluated Risk Factors From the Academic and Practical View 被引量:1
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作者 Alen Sacek 《Journal of Modern Accounting and Auditing》 2015年第7期363-372,共10页
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 busines... 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. 展开更多
关键词 due diligence emerging markets mergers and acquisitions (M&A) risk INVESTMENT
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Correlation of the Concepts of Proactiveness and Due Diligence to Achieve Sustainability in the Maritime Sector
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作者 Michael Boviatsis Georgios Vlachos 《Journal of Shipping and Ocean Engineering》 2022年第2期33-42,共10页
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 hol... 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. 展开更多
关键词 SUSTAINABILITY proactiveness COMPLIANCE due diligence duty of care 5 Ps B2B
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Conducting Due Diligence in China
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作者 CHRIS DEVONSHIRE-ELLIS 《Beijing Review》 2008年第1期40-40,共1页
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 sensib... 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- 展开更多
关键词 Conducting Due diligence in China
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Legal-Ease Conducting Due Diligence in China
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作者 CHRIS DEVONSHIRE-ELLIS 《Beijing Review》 2007年第49期40-40,共1页
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... 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 展开更多
关键词 Legal-Ease Conducting Due diligence in China
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Legal-Ease:Conducting Due Diligence in China
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作者 CHRIS DEVONSHIRE-ELLIS 《Beijing Review》 2008年第3期38-38,共1页
Ninety percent of problems when set-ting up a business in China can be avoided by the deployment
关键词 Legal-Ease:Conducting Due diligence in China
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LEGAL-EAST Conducting Due Diligence in China
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作者 CHRIS DEVONSHIRE-ELLIS 《Beijing Review》 2008年第5期40-40,共1页
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- s... 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 展开更多
关键词 LEGAL-EAST Conducting Due diligence in China
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Diligence and Love—Vice Mayor Zhu Weifang
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作者 HU HAIYAN PAN ZHONGMING 《Women of China》 1997年第3期6-7,共2页
TWENTY-SEVEN years ago, along with the wave of re-education of young graduates, an 18-year-old Shanghai girl went alone to: kettle at Tongzi Township, Guichi County, Anhui Province. Twenty-five years later, she became... TWENTY-SEVEN years ago, along with the wave of re-education of young graduates, an 18-year-old Shanghai girl went alone to: kettle at Tongzi Township, Guichi County, Anhui Province. Twenty-five years later, she became vice mayor of Hefei, capital of Anhui Province. She is also a member of a democratic party among the municipal officials. Zhu Weifang arrived at the remote Tongzi Township from Shanghai in 1969. 展开更多
关键词 diligence and Love Vice Mayor Zhu Weifang
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Practice and Outlook of China's Regulation on the Extraterritorial Human Rights Responsibilities of Transnational Corporations
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作者 孙萌 JIANG Yu 《The Journal of Human Rights》 2023年第3期613-638,共26页
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 ye... 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. 展开更多
关键词 transnational corporation extraterritorial human rights responsibility corporate social responsibility compliance construction human rights due diligence
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e—Science环境下数字图书馆建设机制初探——基于DILIGENT的建设方案 被引量:7
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作者 程慧荣 孙坦 黄国彬 《图书馆杂志》 CSSCI 北大核心 2006年第8期46-51,71,共7页
应对e—Science需求、建设,面向e—Science的数字图书馆是未来一段时间内图书馆界必须面对的一个问题。DILIGENT是欧盟于2004年启动的虚拟数字图书馆原型项目,本文通过分析DILIGENT的建设方案,探讨e—Science环境下数字图书馆的建设机制。
关键词 DILIGENT e—Science VDL机制 数字图书馆 建设机制 建设方案
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DILIGENT的虚拟数字图书馆的创建和管理 被引量:2
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作者 李明生 《现代情报》 北大核心 2006年第4期79-83,共5页
介绍了DILIGENT的基本情况和体系结构;着重讨论了DILIGENT的虚拟数字图书馆的创建和管理,它分成5个功能块:虚拟数字图书馆管理、资源管理、虚拟组织管理、用户管理和通知管理,这5个功能块共同协调完成虚拟数字图书馆的创建和管理功能。
关键词 DILIGENT 虚拟数字图书馆 数字图书馆 虚拟组织 网格
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New Developments and Challenges in the UN Norms on Human Rights Responsibilities of Transnational Corporations
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作者 孙萌 封婷婷 XU Chao(Translated) 《The Journal of Human Rights》 2020年第6期775-794,共20页
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 codific... 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. 展开更多
关键词 human rights responsibilities of transnational corporations extraterritorial human rights obligations extraterritorial jurisdiction preventive due diligence obligations
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An Introduction to Luo Xuejuan
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作者 赵倩俨 应斌 《疯狂英语(新悦读)》 2017年第9期59-59,共1页
Luo Xuejuan, nicknamed “Luoluo,” is a 23-year-old female from Zhejiang Province, who announced her retirement due to health problems, and is going to Peking University for further study. When it comes to her experie... Luo Xuejuan, nicknamed “Luoluo,” is a 23-year-old female from Zhejiang Province, who announced her retirement due to health problems, and is going to Peking University for further study. When it comes to her experience as an outstanding swimmer, she has devoted herself to swimming since she was young, showing an extraordinary talent in 2000. Three years later, her diligence[勤奋], persistence[坚持] and genius[天赋] eventually paid off-three gold medals at the Barcelona World Championships. Besides, she broke the world record in 2004, becoming the champion of swimming at the Athens Olympics. 展开更多
关键词 diligence GENIUS
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从DILIGENT建设看欧洲数字图书馆发展 被引量:2
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作者 黄国彬 《数字图书馆论坛》 2006年第6期6-11,共6页
DILIGENT是欧盟于2004年启动的虚拟数字图书馆原型项目,试图通过结合网格技术与数字图书馆技术,使得来自动态虚拟组织的成员能够创建个人虚拟数字图书馆,共享计算资源、存储资源、多媒体资源、多类型内容资源以及多类型应用资源。启... DILIGENT是欧盟于2004年启动的虚拟数字图书馆原型项目,试图通过结合网格技术与数字图书馆技术,使得来自动态虚拟组织的成员能够创建个人虚拟数字图书馆,共享计算资源、存储资源、多媒体资源、多类型内容资源以及多类型应用资源。启动DILIGENT原型是欧洲数字图书馆建设逐步向虚拟数字图书馆迈进的重要举措。 展开更多
关键词 DILIGENT E-SCIENCE 虚拟数字图书馆 网格
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