This article analyses the principle of sustainable development in the perspective of the 2015 UN 2030 Agenda. Since the Agenda identifies the prevention of crime at a global level as a precondition for giving substance to human fundamental rights, the essay takes into consideration the link between crime and sustainability and identifies the types of crime involved in the strain of sustainability.
The respect for human rights and the environment along global value chains is widely debated at international level, addressed in national courts, and discussed in legal literature. In recent years many regulatory initiatives have enriched the legal framework. The Proposal for a Directive on Corporate Sustainability Due Diligence aims to introduce human rights and environmental due diligence obligations on corporations, marking the most recent step in a long legal evolution and a fundamental milestone at European and global level. The purpose of this study is to examine the Proposal, from the point of view of private international law, in order to assess the adequacy and effectiveness of its solutions in preventing and remedying corporate human rights and environmental abuses.
The aim of this contribution is to try to highlight the interesting interrelationships that emerge between the Italian constitutional novella relating to Article 9 of the Constitution of 2022 and the elements previously emphasised by the Magisterium of Pope Francis, in particular through the 2015 Encyclical Laudato si’; pointing out three points of contact: against all forms of individualism; against all forms of centralism; for a different and more conscious inter-generational equity.
After having briefly analyzed the historical antecedents and the concept of sustainable development, the A. reviews some recent legislative provisions of the Italian legislator (such as the duty of due diligence imposed on companies that import goods produced into the territory of the Union abroad, in accordance with the provisions of the European directive proposal of February 2022; the fight against labour exploitation in agriculture; the promotion of gender equality and the corporate energy and mobility managers).
The article, given the ambiguity of the term ‘‘sustainability’’, focuses on the so-called external sustainability and, especially, on the impact of the business activity on the environment. In this perspective, the development of European Union regulation is exposed, noting how from an approach initially limited to information alone and to the ‘‘delegation’’ to the (genuine or instrumental) sensitivity of private operators, there is a transition to a prescriptive approach in which the public regulator correctly resumes its irreplaceable role of balancing interests.
The essay deals with the problem of social sustainability into the international supply chains, especially from the workers’ human rights point of view. After showing the potential offered by the private law in this field, as it seems proved by some soft law instruments, the author analyses the recent French and German legislations, which provide a so-called human rights (and environmental) due diligence obligation for the company leaders of an international supply chain. The final part of the writing is dedicated to the Italian law system. On the one hand, it sets out the main content of the Proposal for a Directive of the European parliament and of the Council on corporate sustainability due diligence and amending Directive (EU) 2019/1937. On the other hand, it aims to check if, in accordance with the employees who work for the others foreign company of the supply chain.
[P. CARONI] P. Lotmar, La giustizia e altri scritti, a cura di I. Fargnoli e L. Nogler, Per la storia del pensiero giuridico moderno n. 123, Giuffrè Francis Lefebre, Milano 2020 » - [E. FUGAZZA] G.A. Donati, Iuste iudex ultionis. Inquisizione romana, ordo Praedicatorum e cultura giuridica in età moderna (1542-1730). La Tabula inquisitorum di Domenico Francesco Muzio O.P. (†1730), Wolters Kluwer-Cedam, Milano 2021 - [V. SATTA] M. Croce – A. Salvatore, Cos’è lo stato di eccezione, nottetempo s.r.l., Milano 2022
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