Střety zájmů při ochraně biodiverzity a klimatu

added anti-corruption to these two areas. The OECD Guidelines for Multinational Enterprises are also based on the interconnection of human rights protection, envi ronmental protection and good governance. 26 The most recent manifestation of the interconnection of these three areas is the ESG concept. 27 The concept of due diligence therefore currently permeates many areas of law. The question arises as to whether it is the same concept in all areas, or whether it is merely the same term being used for concepts that are completely different in content. If we compare the above-mentioned examples from various areas of law, it is clear that the content of the concept of due diligence differs in different contexts. Nevertheless, the concept of due diligence has at least two common features in all areas. First, the primary function of due diligence is always prevention, i.e. preventing un justified harm to various legally protected values (life, health, property, human rights, the environment etc.). Due diligence is therefore an expression of the general principle of prevention. It is essentially a translation of a legal principle into a legal obligation. Second, in all cases, this obligation is understood as an obligation of conduct rather than as an obligation of result. Its essence is therefore that the relevant entity must take appropriate measures to prevent unjustified harm, but it is not a strict liability for harm. The essence of due diligent is to compel natural and legal persons to make adequate efforts to prevent undue harm. 3. Fundamental Elements of Sustainability Due Diligence The aim of sustainability due diligence is to integrate the protection of human rights, the environment and good governance as public interests into business operations. 28 The effort is to change processes within corporations so that they adequately take these public interests into account alongside the interest in making a profit. This is where one of the weaknesses of the concept of sustainability due diligence lies. The essence of sustainability due diligence is the introduction of the protection of public interests into business operations. However, such protection does not arise from the nature of business, which is the pursuit of profit, so the protection of public interests is basically an artificially introduced element. This will result in businesses having either no or only relatively weak natural motivation to perform sustainability due diligence. The legal framework must therefore always include effective tools for enforcing sustainabil ity due diligence so that it does not remain merely on paper. Without such tools, sus tainability due diligence would probably be effective only in those corporations which would implement it consciously and voluntarily as part of their corporate culture. 26 OECD. OECD Guidelines for Multinational Enterprises on Responsible Business Conduct . Online. OECD Publishing, Paris, 2023. Available at: https://doi.org/10.1787/81f92357-en [citováno 20250831]. 27 POLLMAN, Elizabeth. The Making and Meaning of ESG. Harvard Business Law Review . 2024, Vol. 14, pp. 403454. 28 Human Rights Council, Guiding Principles…, op. cit. , principle 19.

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