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A legal analysis on how France, Germany, the European Union and South Africa responded to the United Nations guiding principles on business and human rights
Thesis (LLD)--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613538163359745 |
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| access_status_str | Open Access |
| author2 | Botha, Monray Marsellus |
| author_browse | Botha, Monray Marsellus |
| author_facet | Botha, Monray Marsellus |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/93522 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:44.183Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/93522 A legal analysis on how France, Germany, the European Union and South Africa responded to the United Nations guiding principles on business and human rights Botha, Monray Marsellus Botha, M.M. jeanette.buis@gmail.com Buis, Jeanette UCTD Corporate social responsibility Mandatory corporate due diligence Corporate governance Human rights due diligence United Nations Guiding Principles Thesis (LLD)--University of Pretoria, 2023. Globally, companies pursue profitability; they want lower prices for the goods they buy and for the services they use. To gain profit and keep their prices low, they contribute to human rights violations and/or the devastation of the environment. The UNGP is the UN unanimously endorsed instrument that encourages states to pass legislation to compel companies to exercise human rights due diligence and to report on their efforts. The United Nations Guiding Principles (UNGP) impose a duty on companies to conduct human rights due diligence that apprises them of possible human rights or environmental risk exposure in their international operations. States have a responsibility to assist those harmed by a company’s activities to seek judicial relief. The UNGP is a soft law instrument but has had a major effect in the field of business and human rights. Though a voluntary obligation, the UNGP has become the reference document and is used by Civil Society Organisations (CSO) to pressure states into passing regulations on business and human rights. In 2016 Germany passed a National Action Plan (NAP) and the Lieferkettensorgfaltspflichtgesetz (Supply Chain Due Diligence Act) in 2021. France passed a Vigilance Law (Loi de Vigilance) in 2017. Additionally, a UN resolution has initiated a treaty-making process, which might lead to an internationally legally binding instrument that will articulate companies’ responsibilities to avoid, mitigate and remedy human rights violations that their activities cause. The South African government’s response to the UNGP has focused on negotiating a legally binding instrument at an intergovernmental level. This research examines three countries’ varying responses to the UNGP, a soft law instrument. In February 2022 the EU Commission published a proposed directive on corporate sustainability due diligence. The proposed EU legislation aims to advance respect for human rights and environmental protection. The goal is to create a level playing field within the European Union which leads to the exploration of the role China plays in a globalised world. China aims to be more than the world's factory and to become a leader in innovation and high-end manufacturing. Mercantile Law LLD (Law) Unrestricted Faculty of Laws SDG-08:Decent work and economic growth 2023-11-29T07:10:06Z 2023-11-29T07:10:06Z 2023-12-08 2023 Thesis * D2023 http://hdl.handle.net/2263/93522 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Corporate social responsibility Mandatory corporate due diligence Corporate governance Human rights due diligence United Nations Guiding Principles A legal analysis on how France, Germany, the European Union and South Africa responded to the United Nations guiding principles on business and human rights |
| title | A legal analysis on how France, Germany, the European Union and South Africa responded to the United Nations guiding principles on business and human rights |
| title_full | A legal analysis on how France, Germany, the European Union and South Africa responded to the United Nations guiding principles on business and human rights |
| title_fullStr | A legal analysis on how France, Germany, the European Union and South Africa responded to the United Nations guiding principles on business and human rights |
| title_full_unstemmed | A legal analysis on how France, Germany, the European Union and South Africa responded to the United Nations guiding principles on business and human rights |
| title_short | A legal analysis on how France, Germany, the European Union and South Africa responded to the United Nations guiding principles on business and human rights |
| title_sort | legal analysis on how france germany the european union and south africa responded to the united nations guiding principles on business and human rights |
| topic | UCTD Corporate social responsibility Mandatory corporate due diligence Corporate governance Human rights due diligence United Nations Guiding Principles |
| url | http://hdl.handle.net/2263/93522 |