Reference : A Just Transition in an Unjust World: Perspectives From the Global South
Diverse speeches and writings : Speeches/Talks
Law, criminology & political science : European & international law
Law / European Law
http://hdl.handle.net/10993/55186
A Just Transition in an Unjust World: Perspectives From the Global South
English
Lichuma, Caroline Omari[University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL) >]
19-May-2023
International
Just Transition, Security and Law Conference: What are the Challenges that Security and Transition Create for Law?
from 18-05-2023 to 19-05-2023
Just Transition Hub, University of Dundee
Dundee
United Kingdom
[en] Just Transition ; mandatory Human Rights and Environmental Due Diligence (mHREDD) ; Transnational Corporations (TNCs) ; Global South Stakeholders
[en] Over the past few years, and in response to the climate emergency that we find ourselves in, significant momentum has built around the idea of a just transition. The ILO defines a just transition as “greening the economy in a way that is as fair and inclusive as possible to everyone concerned, creating decent work opportunities, and leaving no one behind.” One significant development towards a just transition is the recent wave of mandatory Human Rights and Environmental Due Diligence Laws (mHREDD) that have taken Europe by storm in the recent past. Diverse countries such as France, Germany and Norway have enacted due diligence laws imposing mandatory obligations on in-scope companies. In addition, the EU is currently in the process of drafting a Corporate Sustainability Due Diligence Directive (CSDDD) that will likely catalyze legislative action in EU countries that are yet to enact due diligence laws, and even beyond the EU as a result of the “Brussels effect.” Arguably, an integral part of these mHREDD laws is the notion of a just transition, particularly through the “creation of decent work and quality jobs in the context of the implementation of climate change mitigation policies.”
Yet, in this regard, legitimate concerns can and should be raised about how progress towards a just transition can be made, given the structural imbalances and power asymmetries that plague the global order, often pitting the interests of global South rightsholders against large and powerful global North Transnational Corporations (TNCs). This paper will interrogate the progress towards binding due diligence obligations in Europe in order to offer some tentative insights on whether such laws are capable of fulfilling their just transition targets, given the continuing disenfranchisement of global south rightsholders from the law making and implementation processes. In other words, the analysis will revolve around whether it is possible to contribute to a just transition (within the context of due diligence laws) given the unjust structure of the global legal order that continues to privilege TNCs at the expense of global south rightsholders.
[University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL) >]
