Mackie, C orcid.org/0000-0002-8560-2427 (2021) Due Diligence in Global Value Chains: conceptualizing ‘adverse environmental impact’. Review of European, Comparative and International Environmental Law, 30 (3). pp. 297-312. ISSN 2050-0394
Abstract
Due diligence norms often require enterprises to address ‘adverse environmental impacts’ in their value chains. It is, however, rare for that phrase to be defined. Thus, it is not known precisely what effects are to be prevented or remedied or, where relevant, when sanctions and/or liability can be imposed. This article seeks to determine how ‘adverse environmental impact’ should be conceptualized in these norms, a question largely unexplored in the literature. It is argued that the polluter-pays principle, and theory of cost internalization that it is built upon, offers a stable normative base from which to sculpt a robust definition. With specificity garnered from exemplar legal frameworks, it is demonstrated that ‘traditional damage’ (e.g. damage to property or human health) and damage to the environment itself ought to be covered by the phrase. This will ensure that incentives for prevention can be harnessed and that the costs of an enterprise’s goods and services will reflect their true social cost more closely.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2021 The Authors. Review of European, Comparative & International Environmental Law published by Wiley Periodicals LLC. This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited. |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 27 May 2021 10:25 |
Last Modified: | 20 Apr 2022 14:16 |
Status: | Published |
Publisher: | Wiley |
Identification Number: | 10.1111/reel.12406 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:174531 |