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Beyond Climate Due Diligence: Fossil Fuels, ‘Red Lines’ and Reparations

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posted on 2023-08-28, 08:04 authored by Julia DehmJulia Dehm

Abstract: The scale and scope of the climate crisis and its drastically worsening impacts means that even as a ‘climate due diligence’ obligation is increasingly taking shape as a dimension of human rights due diligence, there is also growing evidence of the limitations of this emerging norm. This article provides four critiques of climate due diligence based on its insufficiency, its conceptual ambiguity, its operational limitations, and its structural limitations. It argues that these critiques could be addressed by regulatory reform that draw clear ‘red lines’ based on the need to prevent the development of any new fossil fuel and address the ‘corporate capture’ of regulatory institutions by the fossil fuel industry. Additionally, it calls for reparations to ensure effective access to a remedy for existing and potential future climaterelated human rights impacts that business has caused or contributed to. 

History

Publication Date

2023-08-15

Journal

Business and Human Rights Journal

Volume

8

Issue

2

Pagination

29p. (p. 151-179)

Publisher

Cambridge University Press

ISSN

2057-0198

Rights Statement

© The Author(s), 2023. Published by Cambridge University Press. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited.

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