The proposed EU Corporate Sustainability Due Diligence Directive and its impact on LDCs : A Legal Analysis

The report provides a concise critical analysis of the Proposal for a Directive on Corporate Sustainability Due Diligence by the Commission from the standpoint of the least developed countries (LDCs). The proposed sustainability due diligence obliges certain European companies and companies of third-countries generating significant turnout in the EU to conduct due diligence in identifying, preventing and ending potential or actual negative environmental and human rights impacts. The proposal includes new means for injured parties to access justice by establishing civil liability and complaints procedures for those experiencing actual and foreseen adverse impacts in relation to the operations of the companies. The report analyses the trade structures between the EU and Tanzania and the Democratic Republic of the Congo, relevant principles of international law on human rights, environmental law, labour rights, corruption and rule of law, technology transfer, and liability rules, considered important to LDCs. The Draft Directive is almost silent on developing countries and LDCs where one can see that problems of human rights conditions and environmental harms are more prominent. There is a need to bring up issues that are crucial to boost the sustainable and equitable development of those countries, most prominently the fight against corruption and development of the rule of law.