A New Dawn for Human Rights Protection: Assessing the Effectiveness of the Corporate Sustainability Due Diligence Directive (CSDDD)

Following the introduction of the United Nations Guiding Principles (UNGPs), due diligence has emerged as a key mechanism for protecting human rights. This process emphasizes the identification, prevention, mitigation, and cessation of adverse impacts. The UNGPs framework is built on three pillars: the state's duty to protect, corporate responsibility to respect, and victims' access to remedy. This structure has influenced organizations such as the International Labour Organization (ILO) and the Organisation for Economic Co-operation and Development (OECD) to develop additional due diligence guidelines. However, since these instruments are not legally binding, the persistent challenges of increasingly complex Global Value Chains (GVCs) have not been adequately addressed. In response, mandatory due diligence measures have been introduced. Several European Union (EU) Member States, with France leading the way, have implemented such requirements. Yet, this has led to fragmented approaches across the EU. To address this, the Corporate Sustainability Due Diligence Directive (CSDDD) was proposed to harmonize standards across Member States. Before its adoption, the draft of the CSDDD underwent significant revisions and multiple “trilogues” among European bodies. The directive is particularly noteworthy for labour law experts, as it is the first legally binding instrument requiring states to ensure that companies adhere to human rights due diligence standards. This dissertation project aims to evaluate the CSDDD's effectiveness in terms of its enforcement, extraterritorial reach, and the role of trade unions in its implementation.