Contracting for Human Rights: Aligning Contracts with the UNGPs and OECD Guidance

Описание: Traditional contracting regimes used by international fashion brands and retailers can often work in opposition to the principles of human rights due diligence, and thus have the potential to undermine a company’s own human rights standards. In 2021, a working group formed under the auspices of the American Bar Association Business Law Section published a set of model contract clauses - the MCCs 2.0 - to help buyers and suppliers redesign their contracts to better protect human rights in their supply chains. MCCs 2.0 are the first model contract clauses that attempt to fully integrate the principles contained in the UNGPs and the OECD Due Diligence Guidance into international supply contracts. As such, their adoption can help reduce human rights risks and, by extension, reputational and legal risk. It can also facilitate compliance with current and contemplated human rights due diligence legislation. This session explains the problems that arise from poor contracting practices, highlight the legal and litigation risks associated with such practices, and present the MCCs as a possible solution for improving commercial practices and human rights in supply chains.

To see the MCC toolkit, please visit: https://businesslawtoday.org/2021/04/...

Speakers:
-Sarah Dadush, Professor of Law and Director, Business & Human Rights Law Program, Rutgers Law School
-Olivia Windham Stewart, Deputy Director, Business & Human Rights Law Program, Rutgers Law School
-Fatima-Zohra Alaoui, General Manager, Moroccan Association of Textile and Apparel Industries
-Megan Bannigan, Partner, Debevoise & Plimpton LLP