Konzernverantwortungsinitiative: Grenzenlose Verantwortlichkeit?

This article discusses a recently launched popular initiative, that aims at ensuring that companies domiciled in Switzerland respect human rights and environmental standards in their activities worldwide. To achieve this objective binding due diligence obligations for companies shall be anchored in the Swiss constitution. An in-depth analysis of the proposed provision and the explanations thereto shows that the initiative points in the right direction but may overshoot its target: Although contributing to legal certainty, the initiative leaves many legal questions unanswered. This concerns in particular the extent of corporate responsibility and liability as well as the compulsory application of Swiss law on disputes with extraterritorial components. In order to ensure predictability and successful implementation, debates on the issues raised by this article are needed. Discussions on the complex array of legal issues arising in the field of corporate social responsibility can however…