About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

40 Windsor Rev. Legal & Soc. Issues 141 (2019)
Mind the (Liability) Gap: The Relevance of the Duty of Care to Hold Transnational Corporations Accountable

handle is hein.journals/wrlsi40 and id is 145 raw text is: 

Windsor Review ofLegal and Social Issues


MIND   THE   (LIABILITY) GAP: THE RELEVANCE OF THE DUTY OF
CARE TO HOLD TRANSNATIONAL CORPORATIONS
ACCOUNTABLE

Adeline  Michoud*


I.     INTRODUCTION

In October 2018, the Canadian Subcommittee  on International Human  Rights of
the Standing  Committee   on Foreign  Affairs and International Development
presented a report to the House  of Commons,   calling for the introduction of
legislative measures in Canada  to eliminate all forms of child labour in the
supply chains of Canadian companies.'
       This proposal tackles the issue raised by several abuses committed by
large multinational companies  in the  course of their subsidiaries' activities
abroad. Noting  that the voluntary  nature of corporate  social responsibility
initiatives had to that point not led to satisfactory compliance levels with human
rights standards, the report called upon parliament to foster legal enforcement to
ensure the protection against child labour.2 The  report also encouraged  the
Government   of Canada  to discuss forced labour and child labour issues in its
free trade negotiations and to include an assessment of the progress made  to



* Adeline Michoud is a PhD Candidate and teaching assistant in international law at the
University of Geneva. She dedicates her PhD thesis to the accountability of multinational
corporations and conducts an international law and comparative law research on the topic.
Adeline Michoud obtained a dual law degree in English Law and French Law at the
Universities of King's College London and Paris I Pantheon Sorbonne. After the completion of
her LLM studies at the Graduate Institute of international and development studies, she has
worked for several international organisations in Geneva. Later, she studied Swiss law in the
perspective of the Swiss Bar exam. In parallel to her doctoral studies, Adeline Michoud now
works as a trainee lawyer in one of the world's leading international firms.

1 House of Commons, Standing Committee on Foreign Affairs and International Development,
Subcommittee on International Human Rights, A Call to Action: Ending the Use ofAll Forms
of Child Labour in Supply Chains (October 2018) (Chair: Michael Levitt).
2 Ibid at 23.


Vol. 40


141

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most