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26 Maastricht J. Eur. & Comp. L. 602 (2019)
Transnational Sustainability Laws and the Regulation of Global Value Chains: Comparison and a Framework for Analysis

handle is hein.journals/maastje26 and id is 600 raw text is: 




Article                                                                         M     J

                                                                     Maastricht journal of European and
                                                                                 Comparative Law
Transnational sustainability                                                2019, Vol. 26(5) 602-627
                                                                             © The Author(s) 2019

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                                                                      sagepub.com/journals-permissions
                                                                      DOI: 10.1 177/1023263XI9871025
com      parison         and     a   fram      eworkaastrichtournal.sagepub.co
                                                                                     SAGE
for analysis




jaakko Salminen* and Mikko Rajavuori**



Abstract
Several corporate disclosure and due diligence laws related to the social and environmental impacts of
globalized production have been enacted across the world over the last decade. While the emer-
gence, operation and impact of such 'transnational sustainability laws' have already been extensively
analysed, their legal operability remains poorly understood. This a significant omission because
transnational sustainability laws form a novel and increasingly important attemptto conceptualize and
govern  the new  logic of global production networks-global value chains-and  their regulatory
infrastructure. Against this backdrop, this article deploys a comparison of eleven recent transnational
sustainability laws and develops an analytical frameworkto probe legally-operative conceptualizations
of global value chains. By analysing how transnational sustainability laws conceptualize the value
chain, the lead firm and adequate value chain governance, we argue, these instruments emerge as
proxies for a legally-operative framework that better delineates the emerging law of global value
chains. Thus, our analysis contributes to growing literature on the potential and limits oftransnational
sustainability laws as well as to the development of nascent 'global value chain law'.


Keywords
Transnational  sustainability laws, global value chains, lead firms, value chain governance,
contractual  organization, supply chain liability, corporate social responsibility, sustainability
regulation, comparative law, private law



* Faculty of Law, University of Turku, Turku, Finland
** Law School, University of Eastern Finland, Joensuu, Finland

Corresponding authors:
Jaakko Salminen, Faculty of Law, University of Turku.
E-mail: jaakko.salminen@utu.fi
Mikko Rajavuori, Law School, University of Eastern Finland.
E-mail: mikko.rajavuori@uef.fi

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