Please use this identifier to cite or link to this item:
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Mandatory due diligence laws and climate change litigation: Bridging the corporate climate accountability gap?
Author(s): Rajavuori, Mikko
Savaresi, Annalisa
van Asselt, Harro
Keywords: climate change litigation
corporate accountability
corporate sustainability
due diligence
human rights
Issue Date: 14-Mar-2023
Date Deposited: 23-May-2023
Citation: Rajavuori M, Savaresi A & van Asselt H (2023) Mandatory due diligence laws and climate change litigation: Bridging the corporate climate accountability gap?. <i>Regulation & Governance</i>.
Abstract: The debate on corporate climate accountability has become increasingly prominent in recent years. Several countries, particularly in the Global North, have adopted mandatory human rights and/or environmental due diligence legislation. At the same time, judicial and quasi-judicial proceedings are helping to shape the contours of corporate climate accountability. This article considers how litigation against corporations and due diligence legislation interact, and thereby help develop and strengthen corporate climate accountability. While the practice in this area is still limited, there is scope to reflect on early developments and how they may influence both future climate litigation as well as ongoing and future law-making on due diligence. We first review recent developments in climate litigation against corporations, focusing on the extent to which they rely on climate due diligence obligations. We then survey existing and proposed due diligence legislation, examining the extent to which it addresses corporate climate accountability. Finally, we identify scenarios of how due diligence legislation and climate litigation may interact and possibly converge to strengthen corporate climate accountability. We furthermore identify knowledge gaps and areas for further research.
DOI Link: 10.1111/rego.12518
Rights: This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited.
Licence URL(s):

Files in This Item:
File Description SizeFormat 
Regulation Governance - 2023 - Rajavuori - Mandatory due diligence laws and climate change litigation Bridging the.pdfFulltext - Published Version162.68 kBAdobe PDFView/Open

This item is protected by original copyright

A file in this item is licensed under a Creative Commons License Creative Commons

Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

The metadata of the records in the Repository are available under the CC0 public domain dedication: No Rights Reserved

If you believe that any material held in STORRE infringes copyright, please contact providing details and we will remove the Work from public display in STORRE and investigate your claim.