Acceso usuarios
Denise Wohlwend
In recent times, states and regional international organisations - especially the European Union (EU) - have increasingly resorted to domestic or internal regulations with extraterritorial reach. Motivated not only by internal but also by international interests, these laws extend their territorial scope beyond the legislating jurisdiction by making market access dependent on conduct or processes abroad. Scholars have criticised these regulations as incompatible with international law qua consent-based order, undemocratic, and imperialistic due to their unilateral nature and significant extraterritorial effects. This contribution discusses the jurisdictional foundations and aspects of the legitimacy of two recent EU regulations with extraterritorial reach: the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD). The contribution proposes incorporating the Fourth Pillar Principles into the transposition of the CSDDD into the national laws of EU member states. It argues that this would increase the involvement of those affected in establishing the transnational due diligence processes required by the CSDDD, thereby enhancing acceptance of these processes and the CSDDD, and thus their de facto legitimacy.
