BEYOND ECOCIDE: EXTRATERRITORIAL OBLIGATIONS OF DUE DILIGENCE AS AN ALTERNATIVE TO ADDRESS TRANSNATIONAL ENVIRONMENTAL DAMAGES?

authors Anna Carolina Canestraro
  Túlio Felippe Xavier Januário
journal RIDP (ISSN: 0223-5404)
volume 2022
issue Contemporary challenges and alternatives to international criminal justice
section Articles
date of publication Dec. 6, 2022
language English
pagina 231
abstract

The aim of the present essay is to analyse whether extraterritorial obligations of due diligence in
environmental matters could be an effective alternative when dealing with the phenomenon of the
‘relocation of dangerous companies’. In other words, since environmental damages caused outside
a state of war are still not considered international crimes and an eventual inclusion of ecocide in
this list faces serious difficulties, we will explore if and to what extent due diligence procedures
imposed by the home state have the potential to achieve the intended purposes of penalties applied
to international crimes.