Private Law Theory

INTRODUCTION
Despite the growing recognition of human rights and environmental considerations in the context of corporate governance and responsibilities, the dismal performance of businesses in this area has continued to be a source of concern. A new wave of sustainability due diligence legislation – culminating with the legislation of the EU proposed Corporate Sustainability Due Diligence Directive (CSDDD) – is seeking to address this unacceptable reality, aiming to establish an effective regime for ensuring respect for human rights and the environment. This article reminds that despite positive developments in common law civil litigation relating to transnational human rights and environmental violations, these can be somewhat difficult to establish, particularly in relation to harms committed by third parties …

Youseph Farah, Valentine Kunuji and Avidan Kent, Civil Liability Under Sustainability Due Diligence Legislation: A Quiet Revolution?, King’s Law Journal, volume 34, issue 3, pages 499-523, 2023. Published online: 28 December 2023.