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28 May 2024
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Conditions of Corporate Civil Liability in the Corporate Sustainability Due Diligence Directive

The civil liability provision of the Corporate Sustainability Due Diligence Directive (CSDDD) in Article 29 has been highly debated during the entire drafting and negotiation process of the Directive, but it held on. Where harm occurs, will Article 29 CSDDD fulfill its function to provide a right to remedy for the affected individuals and legal clarity for the companies at the same time? Continue reading >>
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24 May 2024

Unboxing the New EU Corporate Sustainability Due Diligence Directive

There is a lot to unpack in the now final text of the Directive. The German Institute for Human Rights offers initial analysis in this blog symposium, which starts with this contribution. The contributions engage with the final text of the Directive and give some initial guidance for interpretation and transposition requirements. Topics covered include a critical reflection on the neo-colonial context of the the law-making process, access to justice and administrative supervision measures for rightsholders, the scope of human and environmental rights that are covered by the Directive as well as the transposition phase with comparative analysis in the context of existing national due diligence legislation, its extraterritorial reach and the involvement of National Human Rights Institutions. Continue reading >>
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09 June 2023

Regulating the Sustainability Transition

The European Parliament’s adoption of its position on the Corporate Sustainability Due Diligence Directive (CSDDD) last week marks a breakthrough for transnational corporate regulation. At a moment when the EU Green Deal was facing open opposition from within the European People’s Party Group (EPP), rapporteur Lara Wolters (S&P) withstood lobbying efforts until the final minute and secured a majority for her report. With a strong mandate for the Parliament in the upcoming Trilogue, the EU has come a big step closer to passing the most ambitious due diligence legislation worldwide. Continue reading >>
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19 May 2023
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Including the Arms Sector in the EU Corporate Due Diligence Directive

The imminent passage of the EU Corporate Sustainability Due Diligence Directive (CSDDD) into law could drastically change the regulatory makeup of the civilian firearms industry in Europe. As the EU Parliament, Commission and Council prepare to enter the so-called ‘trilogues’ to adopt a final text, an open question is whether they will include the arms industry within the scope of the Directive. If so, the resulting provisions could include corporate due diligence obligations for downstream elements of the value chain, thus reinforcing monitoring and accountability. This post highlights the accountability deficit in the current European firearms export regime and shows how the CSDDD could help redress this situation while preventing trafficking and diversion. Continue reading >>
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