Abstract
AbstractThe transnational scope of corporate activities often results in extraterritorial environmental harm elsewhere on the planet. Within the European context, two legal developments are challenging this state of affairs. First, several legislative initiatives seek to establish due diligence standards for corporate activities along global supply chains. Second, domestic courts increasingly assume jurisdiction over environmental damage arising from corporations’ subsidiary operations abroad. This article argues that both these developments are emblematic of the transnationalization and judicialization of environmental governance in the twenty-first century. Rather than providing particularized relief only, national judges may become crucial allies in the construction and enforcement of polycentric regimes. However, the advent of unilateral judicial interventions in the environmental affairs of other countries also raises concerns over the international and institutional legitimacy of the emerging corporate accountability apparatus.
Subject
Management, Monitoring, Policy and Law,Political Science and International Relations,Renewable Energy, Sustainability and the Environment,Global and Planetary Change
Reference69 articles.
1. Neun Thesen zum Lieferkettensorgfaltspflichtgesetz;Ambos;Verfassungsblog,2021
2. UK Okpabi et al v Shell: UK Supreme Court Reaffirms Parent Companies May Owe a Duty of Care Towards Communities Impacted by Their Subsidiaries in Third Countries;Aristova;Opinio Juris,2021
3. Negotiating the Hard/Soft Law Divide in Business and Human Rights: The Implementation of the UNGPs in the European Union;Augenstein;Global Policy,2018
4. Legitimacy and Accountability in Polycentric Climate Governance;Bäckstrand,2018
5. Legitimacy in Global Environmental Governance;Bernstein;Journal of International Law and International Relations,2004
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