Legislating for Harmonisation of Practices

Abstract

Pressure from investor and civil society actors as well as ineffective private sector efforts paved the way for European and national legislations on mandatory due diligence and responsible sourcing. This chapter takes stock of the current policy discourse requiring companies to adhere to due diligence processes and foster responsible sourcing practices in global mineral supply chains. In our analysis on the political economy of current and future policies, we provide an in-depth perspective on the potential of legal requirements in regard to: (1) facilitating responsible sourcing practices across the supply chain; (2) Addressing human rights and environmental aspects; (3) Integrating current discourses into a harmonised legal framework, and (4) creating a level playing field for market actors. We conclude that a dynamically grown policy landscape falls short of an integrated and coordinated policy approach. Against this background, we highlight important lessons learnt and provide recommendations for legal requirements from a governance and policy effectiveness perspective.