Human rights due diligence and corporate human rights litigation

The present paper examines whether human rights due diligence (HRDD) litigation improves access to remedy for victims of cross-border corporate human rights violations by addressing the legal barriers traditionally associated with more general corporate human rights litigation. After outlining the development of corporate human rights litigation and the substantive and procedural barriers that persist in hindering successful claims, the paper analyses the emergence of HRDD litigation through the United Nations Guiding Principles on Business and Human Rights (UNGPs), the EU Corporate Sustainability Due Diligence Directive (CSDDD), and the French Duty of Vigilance Law (LdV). Drawing on the first wave of French duty of vigilance case law, the article finds that HRDD litigation encounters many of the same barriers as traditional corporate human rights claims. However, the LdV in particular and HRDD frameworks in general nonetheless show a clear potential to meaningfully address these barriers, despite recent legislative developments such as the Omnibus I amendments to the CSDDD. The article concludes that HRDD litigation represents a significant step forward for access to remedy and is likely to become an increasingly important mechanism within the broader corporate accountability landscape.