The Duty to Protect in Public Procurement. Toward a Mandatory Human Rights Clause?

As the need for more responsible business practices in the global economy continues to draw into focus, some States have begun taking steps to require human rights due diligence and/or reporting for certain sectors or companies as part of their own international law obligation to protect human rights. In particular, the European Union (EU) and individual European States have spearheaded a number of mandatory initiatives that seek to ensure that businesses respect human throughout their supply chains—the success of which will serve to influence the future development of mandatory due diligence and reporting processes the world over. Through an overview of nascent mandatory regulations, this paper seeks to provide preliminary insight into the normative impacts and likely efficacy of European approaches to promoting responsible supply chains.