The Obligation of Corporations to take vigilance measures to protect the climate"

Document Type : Original Article

Author

Lawyer in Cassation and the High Administrative Court - PhD in Commercial Law - Mansoura University

Abstract

There is no doubt that serious engagement with the issue of climate change has become imperative not only at the level of political and administrative authorities around the world, but must join forces with civil society organizations and business companies to take serious and decisive action to protect humanity. Despite all international efforts, we are in an international legislative gap by committing companies to cope with climate change, where liability has gone beyond the limits of being a voluntary and moral social duty, which has called for some modern jurisprudence and judicial decisions to codify Corporate Climate Responsibility. This requires the company to exercise due diligence by taking vigilance measures, aimed at the companies adherence to the social responsibility approach, through the imposition of preventive measures to avoid potential harm to human beings and the environment, and the imposition of this obligation has the effect of expanding corporate liability. The dilemma with the study lies in the need to standardize and codify social responsibility provisions by taking vigilance measures to protect the climate upon companies in application of the principle of equality and non-violation of international competition rules, the inclusion measures of vigilance and adherence in accordance with States Legislations is extremely difficult, To vary and vary the perception of corporate social responsibility in these legislation, which has gone through several stages of development changed the perception of risk responsibility, Down to the idea of risk prevention to take proactive form of safety requirements to prevent those risks.

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