The proposed Corporate Sustainability Due Diligence Directive and its provisions on civil liability and private international law in particular
The proposed Corporate Sustainability Due Diligence Directive and its provisions on civil liability and private international law in particular

Author(s): Tania Pantazi
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, EU-Legislation, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: applicable law; civil liability; due diligence; Corporate Social Responsibility;
Summary/Abstract: The newly adopted proposal for a Corporate Sustainability Due Diligence Directive introduces for the first time in EU law the duty of undertakings to perform corporate due diligence on environmental and human rights matters. The aim of the present paper is to examine the provisions of the proposed Directive on civil liability and private international law issues. The paper first provides a brief overview of the proposal, which serves as an essential background, and then focuses on the interpretation of the provisions on civil liability, based on their wording, aim and scope, existing literature on due diligence and case law. The rules are also examined in context with advancements in international and national law. The study concludes that, although several issues remain uncertain or to be decided by national law, the introduction of civil liability and private international law rules will substantially facilitate multi-jurisdictional claims against corporations on environmental and human rights matters. The paper contributes to the discussion on forthcoming European legislation on corporate due diligence by assessing private law issues which have been scarcely investigated in literature.

• Details
• Contents