SPECIAL ISSUE (2024)

Sustainable Legal Infrastructures: Comparative Responses Across Cultures and Systems

edited by Lucia Ruggeri, Lécia Vicente and Sara Zuccarino

 

Corporate Due Diligence Between the Needs for the  Implementation of Sustainability and Protection of Human Rights 

by Lucia Ruggeri

The implementation of the 2030 Agenda is a shining example of the need to transcend the traditional divide between public and private law, requiring a mixed approach in which State regulation is necessarily combined with forms of self-regulation. The EU Directive on Corporate Sustainability Due Diligence, which employs soft law techniques, serves as a prime example of this interplay between State regulation and international standardization processes. The Directive, embedded in sustainable
transition law, addresses corporate responsibility, by invoking the principle of solidarity and affecting civil liability. It mandates the protection of human rights throughout the production chain. The European regulation, which aims to harmonize the market, prompts reflection on the level of protection of the person, which in systems such as the Italian one raises the problem of overcoming compensatory logic and leads to the search for preventive measures to safeguard individual interests.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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