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Silvia Ciacchi, Caitlin W. Cerqua
European Business Law Review
Volume 35, Issue 3/4 (2024) pp. 503 – 526
https://doi.org/10.54648/eulr2024029
Abstract
This paper analyses the institutionalisation process of human rights due diligence (“HRDD”), from its origins as an international soft law doctrine into national hard law. The paper offers a comparative overview of the implementation process of HRDD in France and the Netherlands, with the aim to understand how and why institutional change took different forms in the two jurisdictions. The analysis applies the theoretical framework of historical institutionalism in order to understand the nuances of institutional change and assess whether this is a tale of frontrunners and free riders.
Keywords
HRDD, soft law, hard law, institutional change, historical institutionalism, France, Netherlands, comparative analysis, European Union, UNGPs
Extract
This paper analyses the institutionalisation process of human rights due diligence (“HRDD”), from its origins as an international soft law doctrine into national hard law. The paper offers a comparative overview of the implementation process of HRDD in France and the Netherlands, with the aim to understand how and why institutional change took different forms in the two jurisdictions. The analysis applies the theoretical framework of historical institutionalism in order to understand the nuances of institutional change and assess whether this is a tale of frontrunners and free riders.