Abstract
AbstractThis article makes the case for a ‘holistic’ approach to human rights due diligence, arguing that such a standard must be interpreted in the light of mutually reinforcing principles of environmental law, climate law and human rights law. Through a review of emerging climate change-related litigation, it shows how a concept of ‘climate due diligence’ is gradually consolidating. Building on the United Nations Guiding Principles on Business and Human Rights, the article explores climate due diligence both as a standard of conduct and as a business process, presenting its main features. It argues that corporations should integrate climate due diligence into their processes and policies to be best prepared for likely regulatory and judicial developments, such as the upcoming European Union’s regulation on human rights and environmental due diligence.
Highlights
The last decade has witnessed a consolidating consensus in the international community about the need to treat climate change and its consequences as a human rights issue.[1]
Building on the United Nations Guiding Principles on Business and Human Rights, the article explores climate due diligence both as a standard of conduct and as a business process, presenting its main features. It argues that corporations should integrate climate due diligence into their processes and policies to be best prepared for likely regulatory and judicial developments, such as the upcoming European Union’s regulation on human rights and environmental due diligence
As underlined in 2015 by John H Knox, the former UN Special Rapporteur on human rights and the environment, human rights obligations relating to the environment duties of States to adopt legal and institutional frameworks that protect against environmental harm that interferes with the enjoyment of human rights, including harm caused by private
Summary
The last decade has witnessed a consolidating consensus in the international community about the need to treat climate change and its consequences as a human rights issue.[1]. Current policy and judicial developments show that a ‘climate due diligence’ is increasingly taking shape as a dimension of the human rights due diligence (HRDD) obligations of both states and corporations. In addition to HRDD legislation already adopted by some countries, the European Union (EU) is considering the adoption of legislation establishing human rights and environmental due diligence obligations for corporations. These developments provide unprecedented opportunities to clarify the specific obligations of public and private actors in relation to anthropogenic climate change and its human rights impacts.
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