Střety zájmů při ochraně biodiverzity a klimatu

Sustainability due diligence is process-oriented because its essence is to change the way business operations function in global value chains. The aim of such changes is to prevent negative impacts on human rights, the environment and good governance. However, where sustainability due diligence is a legal obligation, the obligation is tied only to the process itself, not to the achievement of the desired aim. Sustainability due diligence is not outcomeoriented. 29 This again creates the risk that, when implement ing due diligence, regulated entities will focus too much on achieving formal compli ance, i.e. on introducing certain corporate processes, without deeper consideration of the extent to which the processes introduced are capable of effectively contributing to the protection of human rights, the environment and good governance (material com pliance). There is a risk that due diligence will become a tick-the-box exercise without any deeper meaning. 30 The legal framework for sustainability due diligence should therefore also include accountability and corrective mechanisms in case the processes put in place are not sufficiently effective (i.e. they would be a form of diligence, but not of the necessary quality). Sustainability due diligence is a dynamic, ongoing process, not a static, one-off task. 31 If due diligence consisted solely of a one-time creation of a formal due diligence system, it would be meaningless. The due diligence system must be applied on an ongoing ba sis, and its effectiveness must be regularly monitored and evaluated. Based on this, the system of due diligence should be adapted to changing conditions. The legal frame work for sustainability due diligence should therefore always include mechanisms to ensure that it is an ongoing process (e.g. the obligation to keep records of the imple mentation and monitoring of the due diligence system, the obligation to conduct regular reviews). The legal framework for due diligence in value chains will always be primarily public in nature. However, public law regulation will regularly be supplemented by private law elements. In particular, regulated entities will have to use contracts to implement due diligence, 32 as they will enforce the protection of human rights, the environment, and good governance vis-à-vis their partners in value chains as entities in a fundamen tally equal position with regards to their legal status. Regulated entities are placed in the role of “private enforcers” of the protection of human rights, the environment and 29 LANDAU, Ingrid. Human rights due diligence and the risk of cosmetic compliance. Melbourne Journal of International Law . 2019, Vol. 20, No. 1, pp. 238-239. 30 United Nations General Assembly. The report of the Working Group on the issue of human rights and transnational corporations and other business enterprises . Online. 16. 7. 2018. A/73/163, para. 25. Available at: https://docs.un.org/A/73/163 [citováno 20250831]. 31 Duval, Ruggie’s Double Movement…, op. cit. , p. 286. 32 RAVALLI, Rebecca. Contract Law and Sustainability of Global Value Chains: Assessing the Proposal for an EU Corporate Sustainability Due Diligence Directive from a Contract Law Perspective. In: SANTOS SILVA, Marta – NICOLUSSI, Andrea – WENDEHORST, Christiane – CODERCH, Pablo Salvador – CLÉMENT, Marc et al. (eds.). Routledge Handbook of Private Law and Sustainability . Routledge, 2024, pp. 580-590. DOI: https://doi.org/10.4324/9781032662046-40.

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