The role of due diligence obligations in climate change litigation to fill in the corporate climate accountability gap

Abstract

This thesis aims at answering the following legal question: to what extent can due diligence legislation be used in climate governance to fill in the corporate climate accountability gap through climate change litigation?

The objective of this research is to critically assess the legal potential of due diligence legislation within corporate climate litigation cases. In other words, the research will assess the possible weaknesses in regards due diligence obligations, and how could they be remedied with in order to obtain a game changer when it comes to corporate climate change litigation.

To conduct the research, a legal doctrinal research approach followed by a case study approach will be used in order to understand how due diligence legislation applies in practice.

This thesis aims at contributing to the already existing body of literature on the subject of due diligence legislation and its potential role within corporate climate change litigation. The case study approach will allow to draw conclusions on the legal potential of due diligence legislation and most importantly on the aspects that need to be revised, reinforced, or even modified for it to fill the corporate climate accountability gap.