Střety zájmů při ochraně biodiverzity a klimatu

good governance, using their economic power. 33 The private law element may also consist, for example, in the obligation to compensate for damage caused by a viola tion of a human right of an individual. This linking of primarily public law regulation with private law elements places increased demands on the creation of an appropriate legal framework. There is a risk that, for example, the public law framework will be relatively strong, but the private law elements will be relatively weak, which will un dermine the overall effectiveness of due diligence. An important element of sustainability due diligence is public participation. In a broad sense, sustainability due diligence serves to protect the interests of the public. In general, the interests of any stakeholder are best protected when that stakeholder is involved in the protection process, because ultimately it is his interests that are at stake. This was also emphasized by John Ruggie. According to him, the protection of human rights should be based on polycentric governance, where States, businesses and civil society all fulfil certain tasks. 34 The public should therefore have the opportunity to participate in sustainability due diligence as a counterweight to businesses, which may not naturally have sufficient motivation to properly perform sustainability due diligence. This involvement could potentially take many different forms, but in gen eral it should include both participation in the creation of the due diligence system itself and subsequent opportunities for participation in the form of, for example, sub mitting suggestions and complaints, access to legal remedies etc. Public participation may be considered so important that it should be defined as a fundamental element of sustainability due diligence. Mandatory disclosure and public communication are equally important. Legal frameworks for sustainability due diligence mostly require due diligence to be exer cised without specifying in detail how due it should be. In order to create a sufficiently high standard of protection, it is necessary that regulated entities disclose information on how specifically they perform sustainability due diligence. 35 The performance of sustainability due diligence must be transparent and black-boxing must be avoided. 36 The possibility of public scrutiny can partially fill the gap in natural motivation to per form sustainability due diligence at an adequate level. However, mandatory disclosure and communication will only be effective if the rules for disclosure and communica tion are not vague and do not create too much scope for filling them with completely arbitrary content which could create a misleading impression (greenwashing). 37 33 Duval, Ruggie’s Double Movement…, op. cit. , p. 288. 34 Ibidem , p. 292. 35 Landau, Human rights due diligence…, op. cit. , pp. 241242. 36 TENREIRA, Luca. Greenwashing Investigated in the Landscape of Global Value Chains. Journal of Environmental Law . 2025, advance article. DOI: https://doi.org/10.1093/jel/eqaf018. 37 WEIL, David – FUNG, Archon – GRAHAM, Mary – FAGOTTO, Elena. The effectiveness of regula tory disclosure policies. Journal of Policy Analysis and Management. 2006, Vol. 25, No. 1, pp. 155–181. DOI: https://doi.org/10.1002/pam.20160.

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