ABSTRACT
How will international investment agreements look like now that the EU Corporate Sustainability Due Diligence Directive (csddd) has entered into force? The CSDDD requires companies to respect human rights and the environment in their global value chains. Besides its public enforcement mechanism, a central element of the csddd is its civil liability provision according to which companies can be made liability for the damage caused as a result of their failure to conduct due diligence. Now that large companies based in the EU must conduct human rights and environmental due diligence, the EU has an incentive to expect the same from large foreign investors. Will therefore the EU negotiate due diligence obligations and reproduce its civil liability provision for foreign investors that want to invest in the EU in its future IIAs?
Bueno, Nicolas and Ngueuleu Djeuga, Isidore, Civil liability in the EU Corporate Sustainability Due Diligence Directive: A ‘Brussels Effect’ on International Investment Law? (October 1, 2024) in Ziegler, Canapa and Cardozo (eds), Business and Human Rights: Emerging Challenges, Issues, and Trends (Nijhoff 2024).
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