Environmental and Human Rights Due Diligence in the EU

Abstract

The proposal for a corporate due diligence directive foresees important material duties of companies and members of their bodies. One of these duties is the duty of certain larger companies to which the directive will apply to implement suitable measures to identify, prevent, and eliminate actual and potential adverse impacts on human rights and the environment throughout their value chain. Violations of due diligence will not only be sanctioned in the public-legal field, but also with civil-legal liability. The author draws attention to the problem of the indefinite definition of prohibitions, duties, and rights in international conventions on human rights and the environment, the violation of which is relevant for the emergence of the liability for damages. According to the author's opinion, courts, when specifying abstract provisions of international conventions, should take into consideration the local legislation, provided that a preliminary examination shows that the local legislation ensures adequate levels of protection.