CSDDD - A New Order in International Trade? Extraterritorial Effects Understood from the Corporate Sustainability Due Diligence Directive
(2024) HARN63 20241Department of Business Law
- Abstract
- This thesis investigates the implications of the Corporate Sustainability Due Diligence Directive (CSDDD) on the principle of sovereignty and economic regulation within the international legal framework. By employing a legal dogmatic method, the research systematically analyses primary and secondary legal sources to understand and explain the evolving nature of state sovereignty and extraterritorial legislation and potential impacts of the Directive. Part 2.1 provides a historical and theoretical exploration of sovereignty, illustrating its transition from classical to contemporary understanding. Part 2.2 delves into extraterritorial legislation, examining various academic perspectives and identifying the current normative landscape. Part... (More)
- This thesis investigates the implications of the Corporate Sustainability Due Diligence Directive (CSDDD) on the principle of sovereignty and economic regulation within the international legal framework. By employing a legal dogmatic method, the research systematically analyses primary and secondary legal sources to understand and explain the evolving nature of state sovereignty and extraterritorial legislation and potential impacts of the Directive. Part 2.1 provides a historical and theoretical exploration of sovereignty, illustrating its transition from classical to contemporary understanding. Part 2.2 delves into extraterritorial legislation, examining various academic perspectives and identifying the current normative landscape. Part 2.3 focuses on the Brussels Effect, with a particular emphasis on the works of Anu Bradford, to understand the EU's role as a global regulatory power.
The study finds that the CSDDD challenges traditional notions of sovereignty by imposing extraterritorial obligations on companies, compelling them to address adverse impacts on human rights, environmental, and social issues throughout their value chains. This directive signifies a shift towards more unilateral regulatory actions by the EU, potentially leading to legal and economic controversies, particularly regarding the balance between state sovereignty and international cooperation. The CSDDD exemplifies the Brussels Effect by setting global regulatory standards yet raises concerns about regulatory overreach and the imposition of EU standards on other jurisdictions.
The research concludes that while the CSDDD represents a significant step towards integrating sustainability into global corporate governance, its success and acceptance will depend on the balance between respecting state sovereignty and enforcing global standards. The findings underscore the evolving nature of sovereignty in the 21st century, where external sovereignty is increasingly defined by adherence to international legal frameworks and cooperative governance. This study contributes to the broader discourse on the balance between sovereignty and global regulatory practices, offering insights into the potential future trajectory of international economic regulation. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9159837
- author
- Engström, Rasmus LU
- supervisor
-
- Lovisa Halje LU
- organization
- course
- HARN63 20241
- year
- 2024
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- Principle of Sovereignty, Extraterritoriality, International Law, Brussels Effect, CSDDD, Directive, Regulation
- language
- English
- id
- 9159837
- date added to LUP
- 2024-06-10 09:57:28
- date last changed
- 2024-06-10 09:57:28
@misc{9159837,
abstract = {{This thesis investigates the implications of the Corporate Sustainability Due Diligence Directive (CSDDD) on the principle of sovereignty and economic regulation within the international legal framework. By employing a legal dogmatic method, the research systematically analyses primary and secondary legal sources to understand and explain the evolving nature of state sovereignty and extraterritorial legislation and potential impacts of the Directive. Part 2.1 provides a historical and theoretical exploration of sovereignty, illustrating its transition from classical to contemporary understanding. Part 2.2 delves into extraterritorial legislation, examining various academic perspectives and identifying the current normative landscape. Part 2.3 focuses on the Brussels Effect, with a particular emphasis on the works of Anu Bradford, to understand the EU's role as a global regulatory power.
The study finds that the CSDDD challenges traditional notions of sovereignty by imposing extraterritorial obligations on companies, compelling them to address adverse impacts on human rights, environmental, and social issues throughout their value chains. This directive signifies a shift towards more unilateral regulatory actions by the EU, potentially leading to legal and economic controversies, particularly regarding the balance between state sovereignty and international cooperation. The CSDDD exemplifies the Brussels Effect by setting global regulatory standards yet raises concerns about regulatory overreach and the imposition of EU standards on other jurisdictions.
The research concludes that while the CSDDD represents a significant step towards integrating sustainability into global corporate governance, its success and acceptance will depend on the balance between respecting state sovereignty and enforcing global standards. The findings underscore the evolving nature of sovereignty in the 21st century, where external sovereignty is increasingly defined by adherence to international legal frameworks and cooperative governance. This study contributes to the broader discourse on the balance between sovereignty and global regulatory practices, offering insights into the potential future trajectory of international economic regulation.}},
author = {{Engström, Rasmus}},
language = {{eng}},
note = {{Student Paper}},
title = {{CSDDD - A New Order in International Trade? Extraterritorial Effects Understood from the Corporate Sustainability Due Diligence Directive}},
year = {{2024}},
}