L'obbligo di transizione ecologica

The paper examines the development and legal framing of the obligation for ecological transition, particularly focusing on civil implications and the role of Corporate Social Responsibility (CSR) in addressing climate change. After outlining regulatory pressures and the impact of international agreements, such as the Paris Agreement, the author discusses the integration of environmental law with human rights, notably through Articles 2 and 8 of the European Convention on Human Rights (ECHR), which are often cited to argue for a positive duty of states and corporations toward decarbonization. The paper then explores «Climate Due Diligence» under Article 22 of the Corporate Sustainability Due Diligence Directive (CSDDD), which mandates that large corporations implement climate transition plans. The analysis critically examines the distinction between obligations of means versus results in the context of Climate Due Diligence and examines criteria for assessing corporate non-compliance with climate targets.