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The European Group for Private International Law (GEDIP) at its annual – virtual – meeting in September 2021 adopted a Recommendation to the EU Commission concerning the PIL aspects of corporate due diligence and corporate accountability. 17 of Rome II by way of exoneration [5]. [1] 2] [link]. [3]
This is an important point, as the Draft Treaty leaves it up to the State Parties to determine whether the human rights violations are best dealt with in administrative, criminal, or civillaw (Art. Such “mandatory due diligence” is also relevant in climate litigation ( Rajavuori, Savaresi & Asselt (2023).
425–493, [link] One component of the European Green Deal is the implementation of a harmonized supply chain law in the form of the Corporate Sustainability Due Diligence Directive (CS3D). Its enforcement will rely inter alia on private law mechanisms.
It was observed in the case that purpose of Courts is to determine the parties’ rights, not to condemn them for mistakes in conduct and diligence made while framing the pleading. [5]. The proviso implies that an application seeking amendment to a pleading may not be raised after commencement of a trial unless there is due diligence.
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