The need to urgently shift away from fossil-based systems of energy for the sake of the planet and its people is clear. The green transition comes, however, with negative impacts on human rights and the environment, notably on the rights of Indigenous Peoples in the Global South, where most of the essential minerals and metals needed for the transition are found. In this piece, we discuss recent legal developments in the Netherlands from the perspective of the need for a just energy transition. Against the background of the recently adopted European Union (EU) Corporate Sustainability Due Diligence Directive (CSDDD), we analyze two draft Dutch due diligence laws and their potential in the context of a just energy transition. The focus is on the rights of Indigenous Peoples who are in an extremely vulnerable position in the transition process.

In June 2023, the OECD published ‘targeted updates’ to the newly renamed OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. This piece examines some of the most significant updates from the perspective of civil society. The majority of the updates strengthen the authoritative international standards on responsible business conduct; for example, by addressing new and important topics, such as climate change, and clarifying expectations on established due diligence concepts. Meanwhile, the revised implementation procedures suggest progressive measures for governments to strengthen their National Contact Points, but largely do not require specific improvements. This piece discusses the strengths and shortcomings of these changes and assesses the impact of the updates on international norms.

In February this year, the European Commission finally released its proposal for an EU-wide Directive on Corporate Sustainability Due Diligence (‘the draft directive’).1 The draft directive, which follows the 2017 French devoir du vigilance (Duty of Vigilance) and the 2021 German Lieferkettengesetz (Supply Chain Law) as well as a 2020 European Parliament draft law on the same topic,2 is in various respects the most ambitious of its kind.3 Nonetheless, the move to legalize the concept of human rights and environmental due diligence as derived from the international standards has once again tempted European policy-makers (often in the name of ‘legal certainty’) to amend and limit aspects of the internationally agreed and -established concept, with the ultimate effect of reducing decade-long established responsibilities for companies.